With the present M-vrata Terms and Conditions for Service Providers (hereandafter: M-vrata Terms and Conditions), MOBITEL, telekomunikacijske storitve d. d., Vilharjeva 23, 1537 Ljubljana, VAT ID SI64679438 (Mobitel), stipulates rights, obligations, terms and conditions for the use of M-vrata system. These terms apply together with General Terms and Conditions of Operations and Use of Services of Digital Mobile Public Telecommunication Network of Mobitel, Telecommunications Services d.d. (hereandafter: Mobitel's General Terms and Conditions of Operations).

Description of Mobitel's M-vrata System

Article 2

Mobitel's M-vrata system (hereandafter: M-vrata) is a system, which enables Service Provider communication, content and service billing to users. M-vrata includes the following communication channels: SMS, MMS, WAP (also Vesolje), Voice and USSD and potential other forthcoming technologies.

Article 3

All services of Service Providers are currently available, via digital network, to Mobitel GSM/UMTS subscribers and pre-paid (Mobiusers) users. The aforementioned services are also available to Debitel's subscribers, pre-paid users or subscribers of other operators on condition that Mobitel has concluded a relevant agreement with other operators (hereandafter: users), who have agreed to the Rules and Conditions of Separate Service Provider's Service, whose contents are determined in detail in Chapter 3 (Service Provider's Rules and Conditions).

Definition of Terms

Article 4

Definitions of terms of the present M-vrata Terms and Conditions: Mobitel is the operator of public digital telecommunications services, which provides technologies for communication between a Service Provider and a user via Mobitel's digital network and/or digital network of other operators, based on the concluded roaming agreements.

Service Provider is, according to M-vrata Terms and Conditions, each legal entity or sole proprietor, who has concluded, with Mobitel, a relevant contract for execution of services for users. A Service Provider offers services to users under ways and conditions stipulated in currently valid M-vrata Terms and Conditions, the contract and currently valid Rules and Conditions of Separate Service Provider's Service.

User is a person, who has an appropriately set mobile, suitable SIM card and uses Service Provider's services.

Mobile originated (MO) communication is a demand, communicated on part of a user to acquire the Service Provider's content or service via Mobitel GSM/UMTS network.The demand can take a form of SMS, MMS, WAP, Voice or USSD and potential other forthcoming technologies. MO communication is billed to the user according to currently valid rates for separate communication mode.

Mobitel terminated (MT) communication is a way of a Service Provider to communicate to a user events and/or content with added value. Following the agreement with the Service Provider, Mobitel bills some content to the user according to the rates determined in the Service Provider's pricelist.

MSISDN is a mobile telephone number.

SMS (Short Message Service) is a mobile operator's service, which enables exchange of short text messages via mobile network.

Session is an SMS communication functionality, which enables sending consecutive SMS messages into the application of the Service Provider without entering a keyword into the system by the user each consecutive time. The session is established after the user has sent an SMS message with a keyword on a specific number. The session runs until the termination of the session, initiated by the application of the Service Provider or is terminated automatically after certain time has elapsed. Namely, from the time the last SMS message has been received by the user on a specific number (e. g. 2929). The session enables recognizing the user and records the user's order of messaging into the SMS application of the Service Provider.

MMS (Multimedia Messaging Service) is a service of a mobile operator, which enables exchange of text messages, enriched with sound and image formats.

WAP (Wireless Aplication Protocol) is a technology, which joins internet and mobile telecommunications. It enables internet connection using a mobile phone. For using WAP pages a mobile phone, which must have appropriate settings and must support WAP protocol, is necessary.

WAP-push SMS message is an SMS message, which carries in its header a binary notation, a link to the WAP address.

Binary SMS is an SMS message, which carries a binary notation of the data, which can be read by a mobile phone and shown as a text message. Binary SMS enables sending messages of up to 640 characters.

Voice is a technology, which enables connection between a user's voice call and a Service-Provider application and/or user's agent.

USSD (Unstructured Supplementary Service Data) is a calling technology, which – among others – enables televotings by calling a selected USSD code (i. e. the user enters a selected USSD code into a handset and presses a call-key).

Ključna beseda (Key word) is a Mobitel's solution, which enables service providers to receive user's requests and text content via SMS and MMS messages and reply by sending requested content or information.

Poštar (Push service) is a Mobitel's solution, which enables sending short SMS, MMS, WAP-Push messages via Mobitel's GSM/UMTS network. This service requires SMS, MMS and WAP-Push-message users to subscribe to the service prior to receiving these messages.

Samostojna številka (Short code) is either a number from which users receive SMS and MMS messages or a number to which users address SMS and MMS messages. The number is available as a Short code, obtained by a Service Provider for their needs or a number used by several Service Providers together, such as 2929.

Application is an application-information system, used by a Service Provider, which enables sending replies to users, either following single user requests or as subscribed information. The Service-Provider application is connected with M-vrata, according to technical specifications of Mobitel and following Rules and Conditions of a Service Provider.

Mobile content includes all content designed or adapted for mobile phones. Mobile content, apart from media content, also includes text content.

Mobile subscription service or a similar list of users receiving SMS, MMS or other periodical or non-periodical, premium or non-premium messages and /or mobile content, includes individuals or groups of users, who have prior to receiving these messages opted in the service of Service Provider to receive such messages.

Mobile content viewed on mobile phones are original (mp3, wav and potential other available formats), polyphonic or monophonic ringtones, sounds, sound effects, voicemail, backgrounds and screen savers, logos, postcards, animated and other images, txt messages, themes, different multimedia content, AV content, java, other games, programs and applications for mobiles, which are uploaded by users to their mobiles, automated voice content, recorded in advance and potential new multimedia content in different available formats.

Event is a mobile content or a telecommunication-related and executed service, subscribed information or an announcement (a notice) sent to a user. M-vrata system uses MT event billing for mobile services apart from the charges of data transfer and/or MO communication. Events can be on payment or free of charge. Events are billed to users according to the rates stipulated in a contract and determined by Service Providers.

SERVICE PROVIDER'S OBLIGATIONS

General obligations of service providers

Article 5

Service Provider is responsible for appropriate and accurate application of operations as for any application, which enables technical execution of a service.

Service Provider, while executing services via M-vrata, must:

Abide to Mobitel's General Terms of Operations, M-vrata Terms and Conditions, legislation in force, recommendations of responsible authorities and provide services without violating legislation in force in the Republic of Slovenia;
Abide to and execute mandatory use of the Slovenian language, as stipulated in the Consumer Protection Act and Public Use of the Slovenian Language Act;
Execute his services according to the contract concluded with Mobitel;
Carefully abide to and fulfill all obligations arising from provisions of Rules and Conditions of a Service Provider;
Abide to Rules and Conditions of a Service Provider, display Rates and Service Manuals on permanent media carriers and on service internet page, on home page of a Service Provider or any other medium, where the aforementioned is permanently available;

Protect users' privacy, their personal data and not send unrequested or unsubscribed content;
Not use names, documents or images or any other elements of or related to Mobitel d. d., which can induce the impression of a Mobitel service or can create an impression of a Mobitel service upon addressees, unless the user has specifically obtained the agreement of Mobitel to do so in writing;
Not communicate to users - by any means – mobile content, unless this has previously been agreed and stipulated in a contract with Mobitel;
Not try to reprogram or abuse in any way the M-vrata system;

If the Service Provider violates rules stipulated in the present Terms and Conditions of M-vrata, the Service Provider is liable for and must compensate for all damages caused to Mobitel, which may appear as consequences of the aforementioned circumstances.

Article 6

Service Provider must always present himself to users, when selling and offering content and services. Service Provider shall do so also when cooperating with a Subcontractor with a specific service.

Article 7

Service Provider ensures that he will block a message or, according to present Terms and Conditions, take full responsibility and liability for published content and potential consequences of such action in cases, when he is unable to undoubtedly verify whether SMS, MMS, WAP-push messages received by a Short code violate any third-party rights, provisions of the legislation in force or when Service Provider is unable to undoubtedly verify the identity of a sender.

Article 8

Service Provider takes full responsibility, including compensation liability due to communicating unrequested SMS and MMS messages (SPAMs) or other content and mobile content. Service Provider also takes all obligations and liabilities, which might appear as consequences of the aforementioned actions and will render all damages suffered by Mobitel due to unrequested messages, communicated to users, who have not opted in for the service.

Article 9

Service Provider will keep detailed records and statistics of received requests and sent replies or content for a separate service or content, along with users' agreements to Rules and Conditions of a Service Provider, for a period minimum, which is the duration or operation of the service or for a period, which is needed to manage all complaints and procedures related to billing and service payments of users and according to the legislation of the Republic of Slovenia.

Article 10

Service Provider is fully acquainted with the fact that neither MO nor MT communication system is absolutely reliable and safe. For this reason Service Provider will not make any claims related to this. Service Provider will also inform his users about this fact in Rules and Conditions of a Service Provider.

Article 11

According to the content and description of a Service-Provider service and following Rules and Conditions of a Service Provider, Mobitel will select one of the ready-defined M-vrata content sections for the service of the Service Provider.

A user is entitled to demand, from Mobitel, the blocking of certain ready-defined M-vrata content section. Therefore he will not be able to use Service-Provider services allocated as disabled.

Article 12

Mobitel witholds the rights to, upon the demand of the user or following his own judgement, disable the use of a service to a user. Mobitel can also disable, upon the demand of a user, messaging on part of the Service Provider.

Data change of a service provider

Article 13

Service Provider must inform Mobitel in writing, in no later than five (5) days, about any data changes, which are relevant and important for conclusion or execution of a contract (data about the change of a personal name, company, designations of business-document entries, changes of address, headquarters, account, company registration number).

Service Provider must submit documents carrying new data.

Should Service Provider fail to inform Mobitel about the data change, Service Provider is liable to Mobitel for all damages and costs arising from this action.

Legislation and regulations

Article 14

Service Provider must provide each service to users in a way, which is deliberately or unintentionally not contrary to:

Legislation and regulations in force in the Republic of Slovenia;
Positive business and ethic practices;
Recommendations of responsible authorities for this area and
The contract, Mobitel's General Terms of Operations and Terms and Conditions of M-vrata;

Sales of goods and other services

Article 15

Service Provider is obliged not to use M-vrata for direct or indirect commercial sales of whatsoever content, services or goods, which are not executed via communication channels stipulated in Article 2.

Service Provider is also obliged not to use M-vrata services for communication of any payments, balance billings or scratch cards. Moneta service is available for this purpose.

Execution of SMS donations (SMS Donacije)

Article 16

Service Provider is obliged not to execute or promote, via M-vrata, any fund-raising events for humanitarian or any other purposes. For the purposes of fund raising via SMS messages, Service Providers can use SMS Donacije service on Mobitel's SMS portal, on number 1919.

Execution of SMS mobile voting

Article 17

Using SMS messages, Service Provider can execute interactive support for TV and radio shows if the vieving rates and rates of listeners, showing proportion of viewers or listeners according to the total Slovenian population, do not exceed 10%. TV viewing and listener rates are specified on basis of Media Services AGB data.

Article 18

Service Provider will inform Mobitel in writing, at least 14 days prior to planned voting, about the desired date and time of voting to the following address: Sektor za trženje storitev (fax: 01/47 22 067, e-mail: STS@mobitel.si).

Article 19

Service Provider shall, for each separate voting, which might be carried out via SMS messages, obtain Mobitel's confirmation in writing prior to executing the voting.

Article 20

Should a violation of provisions of this chapter (Chapter 2.6.) occur on part of the Service Provider and should consequently Mobitel suffer any damages or difficulties with the traffic in Mobitel GSM/UMTS network, this is considered a major violation of the agreement of execution of services via M-vrata. Service Provider bears all compensation liabilities for the consequences of such actions.

Should a Service Provider be responsible for such violations, Mobitel can unilaterally terminate the contract without prior termination period.

Should the cooperation with Service Provider be terminated due to violations of stipulations, which define votings, Mobitel does not take any responsibilities towards the Service Provider.

Article 21

By rule, mobile votings, i. e. televotings are determined by a contract, which stipulates execution of VOTINGS, whereas communication is executed by USSD technology. Obligations and rules for executing votings are determined in detail in the contract stipulating VOTINGS.

Copyrights

Article 22

Service Provider shall not violate copyrights or industrial rights by content offering. For complete content, offered by the Service Provider, he has either acquired all necessary permissions of the copyright owners or holders, or is the copyright holder himself or has all the necessary and required documentation to prove copyrights. Service Provider shall keep all documents related to the aforementioned, according to the legislation in force.

Upon the demand of Mobitel, Service Provider is obliged to submit for review permissions of the copyright ownership or copyright evidence or documentation.

Article 23

Mobitel does not have any responsibilities towards authors or collective organizations in connection with the content of Service Provider. Should any copyright claims, industrial rights claims or other related claims for damages appear, these shall be exclusively dealt with by Service Provider. Failure to abide to provisions related to copyrights is considered a major contract violation.

Permits, licenses and other rights

Article 24

Service Provider is fully responsible for all communicated content and has acquired all rights for distribution of the content and/or services, along with any other permissions or licences.

Prohibition to encourage inequality and discrimination

Article 25

Service Provider shall not offer, publish, distribute or communicate to users content, which endangers third-party rights, including those of privacy and publishing in public.

It is forbidden to distribute content, which encourages racial, sexual, religious or any other inequality or discrimination. Furthermore, it is forbidden to distribute content, which encourages violence, war and provokes racial, sexual, religious or any other form of hatred or intolerance.

Advertising and content distribution must not inflict loss or deprivation of human dignity; must not encourage racial, sexual or religious discrimination and religious or political intolerance; must not encourage actions, which are harmful to health and safety of people or environment or cultural-heritage; must not offend religious or political beliefs; must not damage interests of users.

Article 26

Service Provider is obliged to offer users only the content, which has been previously agreed with Mobitel. Should Mobitel require Service Provider to withdraw a certain type of the content, Service Provider shall withdraw the content immediately or in the shortest acceptable period.

Adult content

Adult content is determined by special conditions of use.

Should Mobitel introduce additional regulations related to the area of adult content, Service Provider is obliged to fully abide to these regulations and adapt his current range of products accordingly.

Erotic content

Article 27

The supply or a range of products of erotic content must abide to the present M-vrata Terms and Conditions and to positive legislation in the Republic of Slovenia.

Should Mobitel introduce additional regulations related to the area of erotic content, Service Provider is obliged to fully abide to these regulations and adapt his current range of products accordingly.

Article 28

Should Service Provider use M-vrata to offer erotic content (content with erotic media etc), he:

is fully acquainted with the fact that erotic content he is offering is not against the law.

Should Service Provider use M-vrata to offer erotic content (content with erotic media etc), he is obliged to:
Warn and inform a user, who wishes to access this content that the content is not suitable for users under the age of 18;
Include the following text on his promotional materials and market communication media, inviting users to cooperate, use, view or purchase erotic content:

»The content is suitable only for persons above 18 years of age. By using this sevice you explicitly declare that you are over 18 years of age.«
Require from the user, before alllowing access to the erotic content, a confirmation that he or she is above 18 years of age. Should the Service Provider not receive such confirmation, he will deny access to this content. The exception is VOICE, where the user, by continuing with the use of the service, confirms his or her age being above 18 years;
Include the following statement (e.g. on a WAP page), before the actual occurrence of any act of cooperation, use, viewing or purchasing of the erotic content:

»By clicking on »CONTINUE«/»BUY« I declare that I am above 18 years of age and agree to the Terms and Conditions of Use and the Rules: www.ponudnik.si (www.serviceprovider.si)
Immediately withdraw or cease to offer certain erotic content, without any compensation liabilities upon the request of Mobitel;

The text in inverted commas in the present article must be clearly visible, must not be concealed in any way, must be of appropriate size and colour in order to allow all users to read it.

Prize-winning and other games

Article 29

Service Provider is obliged to execute all prize-winning and other games according to the legislation in force, regulations and rules of Office for Gaming Supervision (Urad RS za nadzor prirejanja iger na srečo).

Service Provider is obliged to meet and assume responsibility for all requirements considering gaming taxation.

Technical suitability and content quality

Article 30

Service Provider shall inform the user which mobile phones support certain content;

Service Provider must provide mobile content in the form and in a way specified on part of the mobile-phone producers. Service Provider is also required to fully meet recommendations of mobile-phone producers;
All files, received by a user on his mobile, must be thoroughly verified and tested on separate types of mobiles, for which the Service Provider offers the mobile content. This also includes verifying file download modes via M-vrata on a separate type of a mobile phone;
Service Provider is obliged to supply quality mobile content for his users. Should increased dissatisfaction on part of users occur and – accordingly - the number of received complaints increases, Mobitel withholds the rights to immediately block the services of Service Provider. Mobitel informs Service Provider about such action in writing. Service Provider is, under such circumstances, obliged to immediately remove mobile content from all web-pages and all portals, where this mobile content appears and inform users that particular mobile content is currently not available;
Mobitel withholds the rights to block entire service until the situation, which has appeared is not clarified. Service Provider is obliged to resolve all complaints, which might be received and compensate to Mobitel for all the damages, which arise from the aforementioned circumstances;
Service Provider is not eligible to any compensation of business damages, which might arise from any aforementioned situations, stipulated by the present article;

Subcontractors of service providers

Article 31

Service Provider is obliged to - reasonably and following his best judgement - include into contracts, concluded with subcontractors, provisions of the present M-vrata Terms and Conditions, which are related to execution of services. Furthermore, he is also obliged to include Service Provider and subcontractor obligations, where contracts and any pertaining annexes between the Service Provider and Mobitel are a business secret of both contracting parties.

In cases where Service Provider shall conclude contracts with subcontractors for the purposes of administration, organization or execution of services, complete responsibility towards Mobitel remains on part of the Service Provider.

Service Provider is fully responsible to Mobitel and users of Service Provider's services for operations of the services executed in cooperation with subcontractors. It is the obligation of Service Provider to ensure that the services, executed in cooperation with subcontractors, will be executed according to the provisions of M-vrata Terms and Conditions, contracts and annexes, concluded between Service Provider and Mobitel.

Article 32

Service Provider is obliged to introduce to users a potential subcontractor as an organizer, administrator, supplier, partner etc.

Article 33

Subcontractor is forbidden to be introduced to users as Service Provider.

Article 34

Service Provider shall inform Mobitel, at least once a month, about new contracts concluded with subcontractors. Service Provider shall provide Mobitel with the exact name of the subcontractor and information about the subcontractor's services. These data must be communicated to Mobitel using the following e-mail address: STS@mobitel.si.

SERVICE PROVIDER'S RULES AND CONDITIONS

Preparation and publishing of Service Provider's Rules and Conditions

Article 35

Service Provider is obliged to prepare Service Provider's Rules and Conditions for each service, which obliges him to do so. He will prepare Rules and Conditions regardless of whether the service is executed by the Service Provider himself or in cooperation with the subcontractor. Furthermore, Service Provider will also prepare Service Manuals for the use of the service and a Pricelist and publish these on his own and also on the subcontractor's website. If the service is accompanied with its own website, these will also be published on this website or on a permanent public medium carrier, no later than from the commercial launch of the service onwards.

Service Provider shall also publish in appropriate and visible way all changes and amendments of Service Provider's Rules and Conditions.

Service Provider is obliged to have available, on his permanent website, all Service Provider's Rules and Conditions of the services, which he executed in the past.

Obligatory Parts of Service Provider's Rules and Conditions

Article 36

Service Provider's Rules and Conditions must include:

Service Provider's details (company and headquarters);
Organizer, sponsor or host of the game in cases of the promotional prize-winning games;
Provider of the communication path (for Mobitel: Message and/or data transfer via Mobitel's GSM/UMTS network);
Declaration that the operation of the service is guaranteed by Service Provider;
Duration of the service or a game;
Number of times the user can participate in the service or a game;
In cases of prize-winning games, a list of winners (where and when the list will be available). Important: Mobile phone numbers of participating users must not be published, except with their explicit consent!
Detailed description of the registration procedure for the service of Service Provider;
Statement that Service Provider shall register and keep records of users' agreement with Service Provider's Rules and Conditions, users' age confirmation at Service Provider's headquarters;
Membership conditions of the mobile subscription service club if the service includes membership to mobile subscription service club, rules and conditions of messaging on part of the Service Provider (type of messages, content, number of messages, rates) if the service includes such action (periodical or non-periodical);
Possible ways of opting out from receiving messages (periodical or non-periodical) and/or opting out from mobile-clubs;
Description of users' rights to opt-out from the service and/or contract or a declaration that users' can not exercise such rights;
Pricelist of the service (Service Provider must, apart from his own pricelist, inform users that MO communication is charged according to current Mobitel's pricelist, separately from Service Provider's charges for content or services);
Contact details for complaint management procedures (company and headquarters, phone number, fax number, e-mail address, hours for receiving and dealing with complaints) with the following statement: »Accurate execution of the service and complaint management are the responsibility of Service Provider«;
Internet address with Service Provider's Rules and Conditions and detailed instructions for use;

Obligatory parts of Service Provider's »subservices«

Article 37

Each Service Provider's service can also have the so-called subservices. Sub-service uses provisions, which are stipulated for the Service Provider's service and uses service's events.

Service Provider shall prepare, for each sub-service, which will appear and operate within the service frame of a Service Provider, short conditions of use of such a service, where the Service Provider must stipulate detailed and meaningful Instructions of Use, Pricelist and other details, which are not included in Service Provider's Rules and Conditions, but are stipulated by M-vrata Terms and Conditions and the contract itself. These short conditions of use shall be additional to the already existing Service Provider's Rules and Conditions.

Service Provider shall publish these short conditions of use of sub-service on a permanent medium carrier and on a permanently active website. Service Provider shall communicate these short conditions of use to Mobitel no later than 14 days before launching the sub-service to have them confirmed and for further use. These will be communicated to the following e-mail address: STS@mobitel.si.

Article 38

All documents shall be amended accordingly, should Mobitel or the Service Provider change commercial conditions of M-vrata system or of the Service Provider's service.

Article 39

Service Provider shall in Service Provider's Rules and Conditions and in the pricelist for each event, next to giving the event rates, also give the designation or the name of the designation of the event, the way it will appear on Mobitel's itemized bill. Designations must be according to the contract concluded between Service Provider and Mobitel.

User agreement with Service Provider's Rules and Conditions

Article 40

Prior to initial, i.e. the first use of the Service Provider's service, users must be acquainted with Service Provider's Rules and Conditions, which have been prepared by the Service Provider. The agreement must be obtained according to the regulations and legislation in force in the Republic of Slovenia, especially considering provisions of Consumer Protection Act, Personal Data Protection Act and Electronic Cummunications Act.

Article 41

If the service is operational by means of SMS, MMS and WAP-push messages with payable return messages, it is the Service Provider's obligation to inform the user, free of charge, with general conditions of the Service Provider or the user must be called to agree with general conditions of the Service Provider prior to the initial, i. e. the first use of the service. On condition that the user has explicitly agreed to the general conditions of the Service Provider, the user is allowed to continue with the use of the service.

Furthermore, the Service Provider is obliged, prior to the initial, i. e. the first use of the Service Provider's service to call the user to agree with general conditions of the Service Provider in cases of execution of payable services on WAP.

Article 42

If the cooperation with the Service Provider's service also includes membership to mobile subscription service club and/or a list for sending (periodically or non-periodically) the subscribed SMS and MMS messages, the provisions of Article 41, provisions of the Subscribed Messages Section and provisions of Articles 54 to 66 apply.

Article 43

Access ways to mobile content can be executed via any communication channel and in different ways.

Article 44

Service Provider must register and keep records of users' agreements with the Service Provider's Rules and Conditions and any other data about the user at Service Provider's headquarters.

All MT communication, which merely informs the user about Service Provider's Rules and Conditions and users' obligations, must be free-of-charge for the user and must not be charged to the user as a premium service.

Alterations of Service Provider's Rules and Conditions

Article 45

Should technical or commercial circumstances require alterations of Service provider's Rules and Conditions, the Service Provider can do so having obtained Mobitel's agreement in writing beforehand.

Alterations must not considerably affect operations of the service or modify users' obligations. Service Provider shall publish each alteration in an appropriate way in order to inform existing and potential service users and Mobitel before implementing the alterations.

In cases of considerable alterations, such as rate modifications etc., Service Provider shall inform the user of these modifications at the user's subsequent attempt to use the service or call the user again to agree with Service Provider's Rules and Conditions.

Service Provider's Rules and Conditions, which have been altered or new provisions added, will be sent to Mobitel, no later than 14 days prior to implementation of these rules and conditions for confirmation and further use. Service Provider shall communicate these to the following e-mail address: STS@mobitel.si.

SERVICE MARKETING AND ADVERTISING OF SERVICE PROVIDER'S SERVICES

General obligatory information in marketing and advertising

Article 46

Marketing services requires Service Provider to permanently provide the following information:

Company and headquarters;
The name of the service as agreed in the contract with Mobitel;
In cases of cooperation with a subcontractor, the subcontractor's company and/or the service host;
Which user is allowed to use the service;
Transfer or MO communication is charged according to the current Mobitel's pricelist;
Address or location of permanently and publicly available access to Service Provider's Rules and Conditions, Instructions for Use and a Pricelist;
Content or service rates inclusive of VAT;
Description of how to opt out from the use of the service and/or the contract or declaration that the user can not exercise such rights;
Contact number and/or e-mail address for users' questions, complaints and opting-out from subscribed messages;
Short instructions for the use of the service;
Specific information when purchasing the content;
Potential obligations of the user in cases of cooperation;
Mobile club registrations and registrations to receive further messaging from the Service Provider with the rates and ways of opting-out.

Service Provider's advertisements must clearly provide the information whether it is a one-time cooperation or purchase or the user also opts in to periodically receive subscribed content by receiving SMS or MMS messages. In cases of receiving subscribed content (periodically or non-periodically) via SMS or MMS messages, the advertisement must include detailed description of the content of subscribed messages, the rate of a single message with information of a number of SMS or MMS messages per week/month the user shall receive on his number.

Article 47

Advertisement texts of Service Providers from the previous article must be clearly visible, must not be concealed in any way, must be of appropriate size and colour in order to allow all users to read them.

Mobile portal marketing

Article 48

Apart from obligatory elements, determined in Article 46, Service Provider must publish on portals - for services available for purchasing on mobile portals, Vesolje included - a special content section called »About the Service«, which will include a short description of the service, rates, key points of Service Provider's Rules and Conditions, the address to access Provider's Rules and Conditions in full text and other important conditions, which are related to the use of the service.

SPECIFIC INSTRUCTIONS FOR MARKETING AND ADVERTISING SERVICE

Content purchasing on user's demand

Article 49

The table includes events, which can be performed by Service Provider on basis of user's demand:

MO\MT	SMS (text)	SMS	SMS (WAP push)	SMS (binary)	MMS	(video) VOICE	USSD VOICE
SMS	€/0	*€/0	€/0	€/0
MMS	€/0	*€/0	€/0	€/0
WAP	€/0	*€/0	€/0	€/0	€/0
(video) VOICE	€/0	0	€/0	€/0		€/0
USSD VOICE							€

Symbols in the table:

€ refers to events payable by users,
0 refers to free events for users,
No symbol means the events can not be or are not allowed to be performed,
* »Specific Instructions«, available further on in this chapter, must be considered with these events.

Instructions for MO SMS content or event triggering

Article 50

Following user's SMS content request, the Service Provider sends the user a reply as follows:

SMS messages with the content, i. e. the text;
WAP-push SMS-reply, which can contain a WAP link to a WAP page with the text or content, which presents added value;
Binary SMS, which only contains text;
MMS messages with content.

* Specific Instructions for WAP-push SMS-message as a reply to the user's request:

A user texts a message with a suitable content request to a number;
Service Provider replies to the user by sending a corresponding WAP-push SMS message, which is an automatic reply and includes WAP link to the mobile content;
By confirming the link received by WAP-push SMS-message, the user connects to the Service Provider's WAP page, where the user accesses the informative page, where the purchase or content viewing is confirmed;
Interim page, which appears prior to confirming viewing of the payable page or mobile content purchasing, must include the following text elements:

»By clicking »CONTINUE«/«CONFIRM«/«BUY« I agree with the Terms and Conditions of the use of the service: www.ponudnik.si (Company, company headquarters. Content rate (all taxes and other duties included).

Instructions for MO MMS content triggering

Article 51

Following user's MMS content or service request, Service Provider addresses the user a reply as follows:

SMS message with the content, i. e. the text;
WAP-push SMS message/reply, which can contain content as well as WAP-page connection;
Binary SMS, which only contains text;
MMS message with the content.

* Specific instructions for MMS content triggering, which is received by a user as MT MMS form:

A user sends an MMS message with a relevant content request on a designated number;
Service Provider replies to the user by asking the user to confirm and agree with the Service Provider's Terms and Conditions;
As a reply to the confirmation/agreement the Service Provider addresses the user an MMS message with the mobile content.

* Specific instructions for MMS content sending to the user for further procedures:

A user sends an MMS message with relevant content on a designated number;
Service Provider replies to the user by asking the user to confirm and agree with the Service Provider's Rules and Conditions;
Service Provider replies to the user by an MT SMS or MT MMS message – a confirmation for having received the request;
Service Provider is allowed to include in an MT SMS message, apart from sending a confirmation about the executed service, a WAP-push link to Service Provider's WAP page.

Instructions for MO WAP content triggering

Article 52

MO WAP content triggering is a case, when a user, from his or her WAP browser visits Service Provider's WAP pages and wishes to access payable mobile content or events.

Following user's WAP content or service request, Service Provider replies to the user as follows:

SMS messages and separately, a WAP confirmation about the sent message as a new WAP page;
WAP-push SMS message, which contains a link to another WAP page and, separately, a WAP confirmation about the message sent as a new WAP page;
Binary SMS, which only contains text and, separately, a WAP confirmation about the message sent as a new WAP page;
MMS message and, separately, a WAP confirmation about the message sent as a new WAP page;
New WAP pages, which are available to the user automatically.

* Specific instructions for WAP content access, which is acquired by the user on the new WAP page:

User visits and explores Service Provider's WAP pages;
User accesses payable content;
Interim page, which appears prior to confirmation viewing or purchasing mobile content, must include the following text elements:

»By clicking »CONTINUE«/«CONFIRM«/«BUY« I agree with the Terms and Conditions of the use of the service: www.ponudnik.si. Company, company headquarters. Content rate (all taxes and other duties included)

Instructions for MO VOICE content triggering

Article 53

MO VOICE content triggering is a case, when a user calls Service Provider's phone number from his mobile phone and wishes, by calling, to access payable or free mobile content or events.

Following user's VOICE content request or service request, Service Provider sends the user a reply as follows:

Sent SMS message;
Sent WAP-push SMS message, which contains a WAP-page link;
Sent binary SMS, which only contains text;
Sent MMS message;
Playing voice content;

Service Provider must inform the user, prior to using payable voice content, with the name of the Service Provider and the service rate, which includes VAT. Service Provider must also inform the user which user is allowed to use the service.

Subscribed messages and content

Article 54

Service Provider can, following prior user's subscription, send the user free or payable content as SMS, MMS and WAP-push messages.

Registration can be executed in different ways and using different communication channels, including subscription in writing with the Service Provider.

Sending subscribed and periodical SMS, MMS and WAP-push messages, Service Provider is obliged to messaging in formerly agreed and optimal quantities, necessary to execute the service. Furthermore, Service Provider shall do so at reasonable times, where estimated delivery time shall take into consideration M-vrata limitations, when simultaneously messaging higher volumes and in reasonable time intervals.

Subscription to receiving subscribed mobile content

Article 55

Service Provider's advertising messages and periodical messages must include the name of the mobile subscription service club or a similar list.

Article 56

By confirming and agreeing to the Service Provider's Rules and Conditions, the user can only become a member of one SMS or MMS mobile subscription service club simultaneously.

Article 57

If the use of a service includes user's registration to periodically receive content and/or registration to a mobile SMS or MMS mobile subscription service club, the Service Provider must ensure that the user is familiar with Service Provider's Rules and Conditions in detail, especially with the terms of periodically receiving messages and content.

Service Provider is obliged to address the user with a confirmation or must inform the user, who has been added to the subscriber's list of receiving periodical SMS or MMS messages using the text, which includes the following:

»By joining, you have registered to SMS (the name of the mobile subscription service club) texting, n-times monthly. Message rate xxx €, VAT incl. To opt out: key word_STOP on XXXX. Company.«

The SMS or MMS message in the previous paragraph of the present article must be free for the user, the message is charged to the Service Provider.

Article 58

If the registration to periodically receive content and/or becoming a member of Service Provider's mobile subscription SMS or MMS service club is also executed via other communication channels (e. g. regular mail, voice call or any other way), Service Provider is at the same time obliged to inform the user about this by a free SMS or MMS confirmation, which contains the mandatory text from the previous article.

Article 59

Service Provider must not charge the content to the user and must not register the user for the »club« if the user has not successfully accessed the service provider's WAP page, which makes it evident the user can download content, which is available to purchase via WAP channel.

Instructions for sending subscribed content by means of WAP and push SMS messages

Article 60

Service Provider can send users subscribed mobile content, which can not be sent by an SMS message, as follows:

To access subscribed content, Service Provider shall send the user a WAP-push SMS-message with a WAP link to the mobile content;
A sent WAP-push SMS-message, which does not contain itself either any added value for the user and any mobile content, must not be payable for the user;
A WAP-push SMS-message must always also contain the text, which reminds the user of the content of the incoming message;
This WAP-push SMS-message is charged to the Service Provider according to the current WEB SMS Messaging (Poštar) pricelist. If the Service Provider has also sent the user added value, Service Prvider can also charge this message to the user.

Users access the content as laid out in Article 50 for SMS Content Triggering.

Opting out from receiving subscribed mobile content

Article 61

Users must have the possibility to opt-out permanently available.

The procedure to opt-out from receiving SMS messages must operate and is regulated as follows:

The user sends an SMS message with the following text: »key word_STOP« on a relevant number;
The user has thus opted-out from all subscribed messages and content, which are provided on this key word and/or by a mobile subscription service club, which is related exclusively to this key word within the Service Provider's number.

As a reply to the request, sent on a relevant number, to opt-out partially, i. e. from a specific mobile club, the user receives a free return message with the following text:

»You have opted-out from receiving all subscribed SMS or MMS texting/content on key word KB and on xxxx. Company.«

Article 62

If the Service Provider has his own Short code available, he must ensure, with a unified STOP command, unsubscription of the user from all subscribed messages or content and from all mobile clubs, to which the user is subscribed or registered on this Short code.

As a reply to the request to opt-out completely, the user receives a free return message with the following text:

»You have opted-out from receiving all subscribed SMS or MMS texting/content on xxxx. Company.«

Article 63

If the user requests to opt-out from Service Provider's services via telephone, e-mail or in writing, the Service Provider must inform the user that he has successfully opted-out, by sending the user a free SMS message. Service Provider does so, by sending the user a free SMS message with the mandatory text, stipulated in Articles 61 to 62 of the present M-vrata Terms and Conditions.

Article 64

Unsubscription must be executed immediately after having received the user's request to opt-out or no later than 24 hours from receiving the request to opt-out.

Article 65

If the user requests to opt-out and contacts Mobitel, and if Mobitel communicates the user's request to opt-out from the Service Provider, the Service Provider must manage the request and execute unsubscription immediately, but no later than 48 hours from receiving the request from Mobitel.

Service Provider's identification at mobile clubs

Article 66

Service Provider must always ensure the user an unambiguous identification of the SMS or MMS sender, as stipulated in M-vrata Terms and Conditions.

As an unambiguous identification it is considered the Service Provider's Short code or the text, which gives the name of the Service Provider or the name of the mobile subscription service club at the beginning of the message.

Additional obligatory Short code commands

Article 67

Service Provider must ensure additional return SMS messages or commands, which enable user acces to the information, which is relevant for the user. Service Provider is allowed to meaningfully modify the underlined text.

INFO

You are subscribed to SMS-or MMS-texting/content on xxxx.

Club 1 – unsubscribe CLUB1 STOP;

Club 2 – unsubscribe CLUB2 STOP.

*…...

Company d.o.o., Info: 041xxxxxx

*N.B.:

If the number of mobile suscription service clubs and the text exceed the possibility to enter complete information into one SMS message, the Service Provider must sent the user additional SMS messages to complete the list of registrations and unsubscriptions.

ASSISTANCE

Service Provider: Company d.o.o., Headquarters

e-mail: info@mail.si

Contact phone number: 041xxxxxx

For complaints: 041xxxxxx

Working hours: 08:00 - 16:00

COMPLAINT MANAGEMENT AND USER ASSISTANCE

Article 68

Service Provider manages all complaints and other procedures with users of his services according to his own rules of operations, Service Provider's Rules and Conditions, present M-vrata Terms and Conditions and legislation in force in the Republic of Slovenia.

Service Provider is obliged to promptly manage possible technical and/or content-related complaints and ensure suitable organization of the Complaints Department to flawlessly receive users' complaints. Furthermore, Service Provider is obliged to ensure suitable resources of his Complaints Department, related to his volume of work.

Service Provider must ensure the following complaints information:

Name of the Complaints Manager of the Department

Phone

Fax

E-mail

Working hours for complaint management

Web address of Service Provider's Rules and Conditions with the Pricelist

Article 69

Mobitel is not responsible for managing users' complaints related to the content or service quality of the Service Provider.

Following Mobitel's General Terms and Conditions of Operations and present M-vrata Terms and Conditions, Mobitel shall only manage complaints in writing, which are related to failed transfer, disturbed or disconnected voice connections and/or failure in communicating MO and MT communications.

Article 70

Mobitel is not obliged to manage complaints related to Service Provider's services directly with users. If a user addresses a complaint, related to the Service Provider's service to Mobitel, Mobitel shall communicate such a complaint to the Service Provider for further procedures and inform the user that it is the Service Provider's duty and responsibility to manage the aforementioned complaints.

Complaints filed on part of the Service Provider do not withhold Mobitel's billing procedures of services to users.

After having managed a complaint favourably for the user, Service Provider shall inform Mobitel's Complaints Department about it in writing, no later than the following working day and refer the user to the department in question.

Mobitel shall, following his complaints procedures, refund the amount related to the complaints procedure to the user or shall allow using the credit in another way. Mobitel shall include and calculate the refunds in the following invoice for the services provided for the Service Provider.

Mobitel shall, on basis of favourably managed complaints for the user, deduct the Service Provider the total amount of the refunds and credit notes on the invoice for the following month.

The amount related to complaints can include:

MO communication;
MT communication.

Should a Service Provider fail to meet the requirements of complaint management, this is considered a major violation of the contract on part of the Service Provider.

M-VRATA SOLUTION RATES

Current pricelist

Article 71

Mobitel charges the use of solutions and services of M-vrata according to the current pricelist, which is available on www.m-vrata.com.

Mobitel withholds the rights to modify or amend the M-vrata pricelist. Mobitel shall inform the Service Provider in cases of setting new rates.

Article 72

To provide services, which include media content sales and - related to this – mobile subscription service clubs, it is necessary to lease an M-vrata solution called Short code.

Article 73

Data transfer (CDS, HSCSD, GPRS, UMTS) and other MO communication (MO SMS, duration of the non-premium call or other forthcoming transfer path or technology) are not a matter of revenue share between contracting parties.

CONTENT AND SERVICE BILLING TO USERS

Ways of MO and MT communication billing

Article 74

Mobitel bills telecommunication service charges to users separately:

MO communication, which includes, apart from SMS communication, also possible transfer data costs or connection duration costs; users shall be charged according to current Mobitel's pricelist and
MT communication, users shall be charged according to current pricelist for Service Provider's services, utilized by users.

Current pricelist of Mobitel's services and MO communication is available on www.mobitel.si and in all Mobitel's Sales Centres.

Charges of utilizing the services of Service Providers (MT communication) are charged to the users as other Mobitel's services.

OPERATIONS OF SERVICE PROVIDER APPLICATION AND M-VRATA SYSTEM

Article 75

Service Provider shall apply himself to maximum extent possible to allow his service to support widest possible range of mobile phones, mobile browsers and other advanced mobile technologies.

Mobitel guarantees reliable transfer of the content, which has been syntactically accurately received by M-vrata server and is not responsible for content operations, content interpretation on mobile phones or content transfer to a mobile phone.

Mobitel shall charge to the Service Provider payable content or services, which have been executed and delivered to M-vrata server, even though the user has not received the content or has only received part of the content.

Other, in this chapter unforeseen and unanticipated situations, which are related to service operations of Service Providers are managed by Mobitel's Complaints Department, following Mobitel's General Terms and Conditions of Operations.

SMS and MMS

Article 76

When executing services, Service Provider is obliged to communicate service and/or content description according to technical specifications, i.e. in the billing BOX/FIELD Description, following the procedure below. An example of a return quiz SMS or MMS message:

»transfer path and content type« 'SMS or MMS'

»service provider« 'SERVICE PROVIDER OR SUBCONTRACTOR'

»the purpose of the sent message« 'Christmas Quiz'

»communication time« EventTime = dd.mm.200L hh:mm:ss'

</Description>

Separate Description BOXES/FIELDS are provided in technical specifications, available on www.m-vrata.com.

Article 77

Should a user fail to receive requested or subscribed service due to the system outage or other technical difficulties on part of the Service Provider or internet provider, Mobitel shall only bill the user charges related to user's MO communication and potential data-transfer charges or connection-duration charges.

Mobitel guarantees reliable transfer of SMS or MMS messages, which shall be received by his own SMS or MMS centre. Should the message fail to reach the user, Mobitel is obliged to try to deliver the message within the following 72 hours after the first attempt. After the expiration of the aforementioned 72 hours, Mobitel discards the message.

Should a user request a service and has a mobile phone switched off after sending the request, or is located in an area without the digital network, or has SMS/MMS inbox full, the user is provided the requested service. Under such circumstances Mobitel bills the service provided and is obliged, at the same time, to try to deliver the content to the user according to General Terms and Conditions of Operations.

In cases of premium content for the user, Mobitel bills the service to the Service Provider despite having failed to deliver the user a message in 72 hours, due to reasons stipulated in the present article and other reasons, which are stipulated in Mobitel's General Terms and Conditions of Operations. Service Provider shall stipulate this fact in Service Provider's Rules and Conditions.

Mobitel does not guarantee the delivery time of the sent SMS, MMS and WAP-push message to users.

WAP

Article 78

When selling content, Service Provider is obliged to send service and/or mobile content descriptions according to technical specifications, i.e. in the billing BOX/FIELD Description, following the procedure below. An example of a polyphonic ringtone:

»transfer path and content type« WAP Polyphonic ringtones

»Service Provider« 'SERVICE PROVIDER or SUBCONTRACTOR'

»motive code« MotiveID= ' SERVICE PROVIDER XXXXXX'

»request code for content motive« DownloadCode = 'ABCDEF'

»internal code of the communicated content motive« PushID = '1234173'

»communication time of content motive« EventTime = dd.mm.200L hh:mm:ss'

</Description>

Separate Description BOXES/FIELDS are provided in technical specifications, available on www.m-vrata.com.

Article 79

Should errors, interruptions or a complete failure of transfer occur, while transferring the payable content, Service Provider shall enable returning access attempt to the same content.

To serve this purpose, Service Provider shall, according to the size of the communicated event in kb, meaningfully use technical possibility »TicketLifeTime«, as stipulated in WAP M-vrata Technical Specification. Service Provider is also obliged to use the technical possibility »TicketLifeTime« exclusively for purposes of returning access attempts to content in cases of content transfer errors.

Article 80

Service Provider shall disable any free user access to WAP content, which has previously been stipulated, in agreement with Mobitel, as payable.

Article 81

Should Service Provider offer video, audio or AV content, Service Provider shall, in cases of copyright content, which is not intended for further distribution, disable such content download. For these purposes, Service Provider shall always use a streaming server (Service

Providers have the availability to use Mobitel's streaming server) or adapt the content to be

operational only by the user, who has downloaded the content to his or her mobile phone and/or has purchased the content.

Article 82

Mobitel withholds the rights to manage connections with Service Provider's services on his WAP or WEB portals, according to Mobitel's rules of operations for a separate portal.

Article 83

Service Provider shall use M-vrata logo on a WAP page, which uses M-vrata and on all WAP pages, where the content is provided and billed to the user via M-vrata.

9.3. SEPARATE MESSAGE REPORT DEMAND AND MSISDN STATUS

Article 84

When sending subscribed SMS and MMS messages and/or periodical messages for users, Service Provider must regularly request, follow and abide to message delivery reports and status of a separate mobile phone number.

Article 85

In the first case of a sent message to an unknown MSISDN, WEB SMS Messaging (Poštar) creates a report about unknown MSISDN numbers, requested message destinations of Service Provider. WEB SMS Messaging attaches UNKNOWN MSISDN to these numbers.

After the first occurrance of UNKNOWN MSISDN, Service Provider is obliged to completely discontinue sending messages to these mobile numbers until returning registration to the service on part of these mobile numbers. Furthermore, Service Provider is obliged to delete any such number from all databases or messaging lists, no later than 48 hours after having received the report and before potential forthcoming messaging to any of these mobile phone numbers.

SUPERVISION OF M-VRATA SYSTEM OPERATIONS

General

Article 86

Mobitel guarantees that he will try to ensure Service Provider with the best possible communication, according to Mobitel's General Terms and Conditions of Operations.

Article 87

Responsible staff members of Mobitel and Service Provider's continuously supervise own system operations and coordinate mutual operations.

M-vrata upgrades

Article 88

M-vrata upgrades or any similar working processes are executed in off-peak hours, preferably during night hours.

In cases of a working process from the previous paragraph, during night hours, Mobitel shall try to inform the Service Provider about this beforehand.

In certain cases, due to extremely short-notice working processes, Mobitel withholds the rights not to promptly or beforehand inform Service Provider about the upgrades.

Supervision of service provider's operations

Article 89

In case of a discontinued operation of the application, Service Provider is obliged to start to remedy the situation no later than 8 hours after having reported the error.

Repeated violations of these provisions in cases of insufficient professional application management or negligence on part of Service Provider, can be considered, by Mobitel, a sufficient reason to unilaterally terminate the contract with the Service Provider to execute his services.

If Service Provider is incapable to ensure operations, i.e. accurate operations of the service within two working days, in a way as stipulated by the present M-vrata Terms and Conditions and Service Provider's Rules and Conditions, Service Provider is obliged to immediately inform Mobitel's contact person for technical issues about this.

If the WAP service of the Service Provider, available on Vesolje is not operational, Mobitel withholds the rights to remove the link to such a service on Planet/Vesolje, until the situation is remedied.

Vis maior

Article 90

Mobitel is not responsible for possible mobile network fallouts due to regular or urgent upgrades and maintenance works, neither is Mobitel responsible for fallouts due to vis maior, which is beyond Mobitel's control.

Article 91

Mobitel is not responsible for operation errors, which have occurred due to possible independent and uncoordinated technical interventions of the Service Provider, neither has Mobitel any responsibility, where operation interference occurs on part of the Service Provider.

Mobitel is also not responsible for a discontinued operation of a Service Provider's service, which might be a result of operation disturbance of the internet access providers.

Article 92

Service Provider is obliged to inform users about fallout or discontinued services in a suitable and feasible way, immediately after the occurrence of the aforementioned situations.

TRANSITIONAL PROVISIONS

Article 93

Service Provider is obliged to use and execute M-vrata services according to current M-vrata Terms and Conditions.

Mobitel's use of Service Provider's material

Article 94

Service Provider allows Mobitel the right to use and publish pictures, photos, typography, names, graphics, logos and brand names, which are owned by Service Provider and/or are under Service Provider's or their Subcontractor's supervision, for the purpose of publishing Service Providers' lists and/or their services, executed via M-vrata and for promotional purposes, such as conference presentations. Service Provider's subcontractors allow Service Provider and thus Mobitel to publish their material.

Data protection

Article 95

Mobitel and Service Provider are mutually obliged, by a contract, to treat user data as confidential and to use the aforementioned data exclusively for purposes of executing the service(s), which is/are provided by Service Provider according to legislation in force in the Republic of Slovenia, specifically following Personal Data Protection Act.

Furthermore, all data exchanged between Mobitel and Service Provider or acquired during the contract execution, are a matter of professional secret and shall be treated as such by both contracting parties.

Data on usage of Service Providers' services are a professional secret of Mobitel and can be disclosed to a third party exclusively on user's demand and/or in cases stipulated by legislation in force in the Republic of Slovenia.

FINAL PROVISIONS

Article 96

Specific provisions, which stipulate ways of execution of Service Provider's services are determined by a contract, which is concluded in advance with Mobitel for each service separately.

Article 97

Having signed the contract, Service Provider undisputedly agrees and approves of all provisions of the present M-vrata Terms and Conditions.

Should a termination of the contract, without termination period, due to contract violations or violations of the present M-vrata Terms and Conditions occur, all obligations of Mobitel towards Service Provider are terminated immediately.

Service Provider's obligations towards Mobitel are terminated after having fulfilled all obligations as stipulated in the contract.

Article 98

Complete Mobitel's materials, including, but not excluding, pictures, photos, typographies, names, graphics, logos, illustrations, audio tapes and video tapes are protected by copyrights, brand names and other rights, which are owned and/or under supervision of Mobitel, his parent company or his branch or any other person, who has allowed Mobitel to publish their material. The material must not be copied, reproduced or published anew in any way, transferred or distributed without explicit approval. The use of any of the aforementioned material on any other webpage or computer network or potential other advertisements, unless explicitly approved, is forbidden.

Termination of service operations and contract termination

Article 99

Each contracting party can terminate the contract in writing, according to the termination period.

Article 100

The termination period begins on day one of the following calendar month, after having received the termination in writing.

The termination period is stipulated in the contract, concluded between Mobitel and Service Provider.

Article 101

Should Service Provider terminate the contract concluded with Mobitel, Service Provider is obliged to settle all obligations, which have accumulated up to the day of the contract expiry.

Article 102

The contract can be terminated by Mobitel immediately, i. e. without the termination period if Service Provider has not settled his obligations, arising from services stipulated in the contract, for a period of over two (2) months.

Article 103

Both contracting parties are obliged to take all necessary measures to re-establish flawless operations, within a period of 7 days, should technical difficulties in Mobitel GSM/UMTS network appear.

Should contracting parties, within a period of 7 days, fail to agree and adopt the necessary measure, this can be a reason to terminate the contract without prior termination period.

Article 104

For all circumstances, which are not explicitly determined with M-vrata Terms and Conditions or with the cooperation contract on execution of services between Mobitel and Service provider, provisions of Code of Obligations or provisions of Mobitel's General Terms and Conditions of Operations apply.

Article 105

Failure to meet requirements and obligations stipulated in the present M-vrata Terms and Conditions and contracts and in cases of major violations of M-vrata Terms and Conditions and contracts, can be considered by Mobitel a reason to immediately and unilaterally terminate the contract without any compensation liability whatsoever on part of Mobitel, and a reason for a compensation liability on part of Service Provider, with the liability for all consequences, which might follow.

Mobitel withholds the rights to immediately block and/or discontinue Service Provider's service until the situation has been resolved and terminate the contract without prior termination period, should:

Service Provider fail to continue to meet requirements to execute certain services,
Service Provider fail to execute services according to Rules to Execute M-vrata Services,
Service Provider fail to abide to Mobitel's requirements to meet provisions of the present M-vrata Terms and Conditions and/or contract provisions, despite potential prior warning in writing of Mobitel, which specifies the term, and after the term has expired.

Dispute resolution

Article 106

Any disputes related to Service Provider's services are under jurisdiction of the competent court in Ljubljana.

Mobitel and Service Provider agree that should disputes arise, they shall both acknowledge electronic messages (e-mails) to have legal value in the court of justice, unless the legitimacy of these has not been previously objected according to the exchange procedures.

VALIDITY OF TERMS AND CONDITIONS OF M-VRATA FOR SERVICE PROVIDERS

Validity of these terms and conditions

Article 107

The present M-vrata Terms and Conditions come in force on March 1, 2008 and are available to all Service Providers and users on Mobitel's web pages: www.m-vrata.com.

On the day the present M-vrata Terms and Conditions come in force, the provisions of Terms and Conditions of M-vrata for Service Providers of June 15, 2005 cease to apply.

Rights to changes and amendments of these terms and conditions

Article 108

Mobitel Corporation withholds the rights to change and amend M-vrata Terms and Conditions. Mobitel is obliged to inform Service Providers about each change or amendment of the present M-vrata Terms and Conditions in the most appropriate way. Mobitel is also obliged to publish changed and amended M-vrata Terms and Conditions on www.m-vrata.com.

Should Service Provider disagree with the provisions of updated M-vrata Terms and Conditions, he is obliged to inform Mobitel about this and discontinue to execute services within the term stipulated by the contract. Should Service Provider fail to respond in the stipulated way, it is considered that Service Provider agrees to updated M-vrata Terms and Conditions and approves of them completely.

Mobitel d.d.

Ljubljana, 1. 3. 2007