Digital Services are the internet services that enable a user to save, browse and share its documents and information, between devices and persons. The services are supported at platforms and operating systems or over Web, according to the manufacturer specifications. A user is enabled to add documents (hereinafter referred to as: contents) from all the supported devices and see them in an adequate way on all the supported devices. A user can also select to share the contents with other persons at its own discretion. The service has been designed so as to support most of file types.
For using the services in the Web browser, on mobile phone or tablet, a user must be connected to the WiFi network or data transfer network. Data set in the services on PC or Mac are saved as a local copy and files can be accessible at all times, but for the new file synchronization, the PC or Mac have to be connected to the Internet.
Telenor is providing the services to the user based on a Contract concluded with company Microsoft (Microsoft Ireland Operations Limited), with a seat in Ireland (hereinafter referred to as: Microsoft).
By signing the Contract on the Use of Digital Services, a user confirms that it has been informed that Microsoft platform (hereinafter referred to as: platform) on which the services are implemented is located in data centres outside Serbia, owned by Microsoft and that it agrees for its electronic traffic to go over these.
The user agrees for Microsoft to be able to make modifications in the platform required for the use the services during the validity of this Contract. Telenor shall not be responsible for platform modifications within the meaning of the previous paragraph and the user shall not be entitled to claim from Telenor any indemnification of damages the user may eventually suffer due to such modifications.
The user hereby confirms that it has been informed of the instructions for the installation and activation of the services, as well as the equipment required for using the services, which are on Telenor Internet page www.telenor.rs
The user shall be under the obligation to provide all the required equipment for the use of the services (hereinafter referred to as: equipment). Telenor shall not be responsible for the incompatibility of the equipment and services and/or impossibility of using the services with the equipment, if the user failed to act in accordance with Telenor instructions regarding technical requirements and standards the equipment has to satisfy for the purpose of using the services, as well as in line with the instructions for the services installation and activation.
In line with the Law on Personal Data Protection, the user shall be under the obligation to secure an agreement of its employees and other persons who will be using the services, so as to enable Telenor to handle and process personal data for the purpose specified in the „General Terms for the Provision and Use of Services in Public Mobile Communications Network of Telenor d.o.o. Belgrade”, as well as the agreement for Microsoft to handle and process user data, i.e. data saved and placed on the platform within the service use.
At its own risk and responsibility, the user may share the contents publicly over public networks, e-mail, enable third parties to access the contents, etc. Each use or application of any contents or materials places with the service or obtained by the user with the service shall be done at the user’s own risk. Under no circumstances shall Telenor be responsible in any case for contents, including, but not limited to errors or defects in the contents, or for any other loss or damage of any kind that may occur as a result of using the contents generated or made available via the services.
The user shall be solely responsible for the contents and for making sure that it isn’t of such nature to be offensive, inciting others to commit criminal acts, encourage and/or support discrimination or placing others in unequal position based on the race, skin colour, sex, religion, ethnic affiliation, national and other affiliation, and present the distribution of pornographic or other same or similar contents.
The user guarantees that the contents are not violating any copyrights and/or intellectual property rights of third parties and that the user is solely responsible for the content and under the obligation to compensate Telenor for any damages Telenor shall indemnify third parties for, which have occurred as a consequence of the violation of any copyrights and/or intellectual property rights of third parties with contents.
The user undertakes to use the service respecting all valid laws and other regulation of the Republic of Serbia.
By concluding a Contract on the Use of Digital Services, the user becomes entitled only to use the services and the Licence, which remain non-transferrable to third parties.
Telenor is not the holder of the Licence or any other copyright in relation to the services. Microsoft is the holder of the Licence and all intellectual property rights over the services.
The user shall not become entitled to any intellectual property rights over the services and the Licence and shall be under the obligation to observe all intellectual property rights.
The user shall be under the obligation to indemnify Telenor for all the damages inflicted by the violation of any provisions of the Contract on the Use of Digital Services, except if the user proves that the Contract provisions have been violated through no fault of it. Responsibilities to Microsoft can be separately regulated in Microsoft Service Terms on the network.
The user may not use the services in a way which violates any individual rights of persons or are prohibited by the law in any way and may not misuse the services in any way.
The user shall be solely liable to Telenor for any form of damages inflicted by the misuse of the services or by the use of services contrary to the valid regulations of the Republic of Serbia.
Telenor shall not be liable for any damages suffered by the user due to occasional interruptions in the provision of network services or reasons of permanent suspension of the provision of specific services, as well as other reasons beyond the control of Telenor.
Telenor shall not be liable for any damages suffered by the user or another person in a form of lost profits, irrespective of the form and degree of fault of Telenor, in relation to the use of the services.
The user agrees that Telenor shall in no case be liable for the damages the user or another person may suffer due to the loss, damage or leaking of data and information from the platform, in relation to the service provision.
Independent of the cases specified in the General Terms, Telenor shall be entitled to temporarily suspend the provision of services in following cases, without previously informing the user:
In case the user is distributing unprotected e-mail messages (spam messages);
In case of violation of Microsoft Terms of Using the Services by the user;
In case the user’s acts interfere with the provision of services to other persons;
In case of user’s illegal conduct;
If the use of services aims at obtaining an unauthorised access to a service, data, account, network or he is suspected of attempting to make such access.
Should the user fail to sign, within 15 (fifteen) days as of the temporary suspension of the provision of the services within the meaning of the previous paragraph and deliver it to Telenor, a statement in which he undertakes not to undertake impermissible actions in the future or if after delivering such statement repeats the impermissible actions, as well as if Telenor establishes that a specially gross violation of the user’s rights has occurred so that the user can not be further expected to act conscientiously in using the services, Telenor can simply, without notice period, terminate this Contract.
The user shall be under the obligation to compensate Telenor for all the damages Telenor may suffer due to the user’s impermissible conduct within the meaning hereof.