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Terms and Conditions of Use

Terms and Conditions of Use

 

By accepting the conditions from this Agreement, and even in case you do not read the conditions, you are still obliged to comply with them. WMD Ltd. (hereinafter: WMD) provides Internet services to legal and physical entities (hereinafter: the User).

 

Subject

WMD hereby obliges to provide a chosen service package to the User in the best possible way. Characteristics of the chosen service package are publicly accessible at wmd.hr and are considered to be an integral part of the Agreement. At the User's demand, WMD can also provide additional services from its offer to the User, with no need for an Annex. All provisions from the Agreement shall be valid also for additionally provided services.

Award

Pricelist of all services provided by WMD is publicly accessible at www.wmd.hr and is considered to be an integral part of the Agreement.

An invoice for provision of services shall be sent by WMD to the User in advance.

The User hereby obliges to settle the invoice within maturity date.

In case the invoice proves not to be settled within maturity date, WMD shall notify the User in addition. If the invoice proves not to be settled after additional notifications, WMD shall temporarily suspend provision of its services until the invoice is settled. If the invoice proves not to be settled even then, WMD has the right to cancel the provision of services immediately and with no additional notice.

 

General provisions

In case of concluding a distance agreement, Customer Protection Act shall be applied (National Gazette, 79/2007), Chapter VII – Distance agreement from Article 36 to Article 55.

With a purpose of concluding and executing the Agreement, WMD shall collect the following User's data: company name (only for legal entities), personal identification number (Croat. OIB), first and last name, postal address, postcode, city, country, telephone number, and e-mail address. The User agrees to provide its data only with the mentioned purpose, it shall provide the data voluntarily and guarantee the data are correct, complete and up to date. Refusal to provide the data shall result in an inability to conclude and execute the Agreement.

WMD has the right to refuse a service provision request:

a) if there is reasonable suspicion that User's identity data or legal capacity data, data on lack of authorization or lack of right to representation are incorrect or false,

b) if there is reasonable suspicion that User intends to misuse the services, or to enable a third party to misuse the services,

c) in other cases defined by this Agreement.

Service Provider has the right to distribute informative messages to the User via e-mail or in writing, with regard to its services and its partners' services as well as information related to the use of services.

The User is obliged to notify the Service Provider about any changes of its personal/contact data no later than 7 days upon the change occurs, via e-mail or in writing. Otherwise the delivery shall be deemed duly carried out based on the existing data.

 

WMD obliges to provide its services in a professional and best possible way.

WMD is allowed to supervise the User's data at web servers or the access to User's data through network, for purposes of providing technical support, antivirus and antispam scanning, prevention of hacker attacks, creation of a safety copy, determining possible Agreement violations, and other purposes necessary for Agreement execution.

WMD shall not guarantee safety to data being transferred online. The User can use the service with data ciphering for purposes of a safer data transfer. With regard to taken protection measures, WMD shall not give any warranty, express or implied, to the User, that the possibility of problem occurrence has been completely removed as a result of the measures taken.

The User hereby states that applications shall be carried out exclusively in writing through user interface of the User. If an application proves to be carried out in any other way, it shall be deemed invalid.

At User's request, WMD shall register or prolong the Internet domain under the User's name if the domain happens to be available. This shall be done at an organization for Internet domains registration, complying with the organization's regulations. When submitting a request for registration or prolongation of any “hr” domain, the User states that it is familiar with the provisions of valid Ordinance on Organisation and Management of National Internet Top-level Domain (NN 38/2010), and that it completely accepts it.

When submitting a request for registration or prolongation of any “.biz.hr” domain, the User expresses its consent to the following rules:

a) the User has the exclusive right to use the registered domain, to organize it and to shape and control its content, which the User is responsible for,

b) the User is obliged to use the domain only for the purpose the domain was registered for and in a way that is ordinary for world's Internet communities,

c) the User is responsible for any misuse of the domain,

d) in case the User's registration of the domain name violated or encouraged violation of copyrights and similar rights, patents and trademarks, the domain shall be deleted with no prior notice or compensation for the User,

e) the domain name must not enable false identification for the User or third parties identity theft, it must not be the same as the copyrighted name or trademark, the use of which the User has no right to,

f) the User is obliged to regularly notify WMD about any changes of data relevant for the registered domain, especially about changes of its legal status, address or other data,

g) the User has no right to transfer the registered domain to another entity,

h) the User must not let the domain be used by another entity, with or without compensation,

i) fee for domain registration and use shall be paid as defined by Service Provider’s pricelist,

j) all notices related to registration, transfer, prolongation, deletion, suspension or paying the domain shall be sent by WMD 30 days before the expiry date to User's e-mail address entered during domain order,

k) the domain shall not be registered until the User who pays the fee settles the bill for its registration,

l) the User is allowed to cancel or shut down the domain at any moment,

m) if the User of the registered domain stops using the domain before the ending of the period for which the fee had been paid, the fee shall not be refunded.

At User's demand, WMD shall register or prolong SSL Certificate under the User's name at an organization for SSL Certificate registration, complying with the provisions of the organization.

WMD has the right to change characteristics of services, prices of services, and conditions of provision of services, under the condition that it notifies the User at least 14 days in advance. In case the change happens to be unacceptable for the User, it has the right to terminate the Agreement, with no termination period, until the day the Agreement comes into force. In case the User terminates the Agreement, WMD shall return to the User any amount received for the period after the changes came into force. The announced changes shall come into force on the intended day, with no need for an Annex.

 

If any party to this Agreement violates any of the Agreement's provisions, and after receiving the notice on violation from the other party it refuses to accept an Agreement provision within 3 days, the Agreement can be terminated immediately and with no additional notice. In case the Agreement is terminated due to Agreement violation by WMD, WMD shall return to the User any amount received for the period after termination of the Agreement.

WMD shall not be deemed responsible to the User for any damage in case of:

a) a defect of a hardware or software component,

b) maintenance work on a hardware or software component,

c) a hacker attack on a hardware or software component,

d) User's mistake, or User's violation of the Agreement,

e) a problem at WMD's service supplier,

f) a problem outside WMD's jurisdiction,

g) vis maior.

 

 

Special provisions for WMD

Maintenance of a hardware or software component shall be carried out from 23:00 to 07:00 according to Croatian time, with the exception of extraordinary situations for which there is a justifiable reason.

In case of a planned shutdown of a hardware or software component longer than 15 minutes, WMD shall notify the User at least 3 days in advance.

A shutdown within Service Provider's availability caused by the following shall not be counted during availability calculation:

a) maintenance work on a hardware or software component,

b) a hacker attack on a hardware or software component,

c) User's mistake, or User's violation of the Agreement,

d) a problem at service supplier of Service Provider,

f) a problem outside Service Provider's jurisdiction,

g) vis maior.

 

Special provisions for the User 

The User obliges to take relevant technical, personnel and organizational measures of protection from unauthorized revealing and use of access data, such as username and password, provided by WMD.

The User obliges to make available all electronic documents, which are stored on server and which can be downloaded, for downloading via web sites, and make them directly connected with the general web site content.

The User agrees that WMD has the right to temporarily limit or suspend access to services if it    proves that the User used them for the following purposes.

The User agrees not to use the services in order to:

a) violate or encourage violation of copyrights and similar rights, patents, trademarks,

b) distribute or encourage distribution of illegal copies of software, a software that can cause damage, illegal pornographic content, unwanted e-mail messages,

c) distribute or try to distribute threatening, violent, discriminating, racist, defamatory, abusive content,

d) connect to IRC or P2P services,

e) examine system vulnerability, override safety measures, falsify proofs of data traffic authenticity, supervise, change or delete data, or overload computer or networking system, with no express permission from the data owner and computer or networking system,

f) cause damages or try to cause damages to WMD or a third party,

g) commit or try to commit a criminal offense.

 

Complaints

The User has the right to submit a written complaint at the company's salespoint, in writing or via e-mail. WMD obliges to reply urgently or no later than 15 days upon receiving the complaint.

 

Period of Agreement

The Agreement has been concluded for an indefinite time period and comes into force with User's registration on WMD User pages.

Any of the parties to the Agreement can terminate the Agreement by sending a written notice (e-mail, telefax, letter) to another party to the Agreement, under the condition that this is done at least 7 days in advance. In case WMD terminates the Agreement, WMD shall return to the User any amount received for the period after termination of the Agreement.

In case that less than 30 days have passed since the Agreement came into force, the parties to the Agreement can terminate the Agreement with no termination period. If the User did not violate the Agreement, it shall have the right to a refund of the paid amount minus possible cost of Internet domain registration, SSL Certificate, or overdrafts per prepayment resource spending.

 

Jurisdiction

Relevant provisions of the Republic of Croatia shall apply to relations between the parties to the Agreement not defined in the Agreement.

The parties to the Agreement shall try to resolve and agree over possible disputes with regard to the Agreement, otherwise The Court of Bjelovar shall be responsible for the dispute settlement.

 

Final provisions

This Agreement is an overall agreement between the parties to the Agreement. All statements, credentials, promises and conditions not highlighted in the Agreement shall not be deemed to deny, change or influence provisions of the Agreement.

The Agreement replaces all existing oral, electronic, or written deals between the parties to the Agreement.

The User confirms that before accepting the Agreement WMD provided it with all useful information related to the services WMD provides.

The parties to the Agreement confirm that before accepting the Agreement they understood the Agreement completely and that each provision is legible and clear.

 

Terms and Conditions of Use