GENERAL TERMS AND CONDITIONS OF ALFA LOGISTIKA Ltd.

INTRODUCTORY PROVISIONS

1. article

These General Terms and Conditions govern the relations between the company ALFA LOGISTIKA Ltd. Andrije Hebranga 16, 47 000 Karlovac, OIB: 02706843298, as an authorized provider of computer systems services (hereinafter also ALFA LOGISTIKA, system supplier or supplier) and the client of the computer system service (hereinafter: the client).

In addition to these General Terms and Conditions, the rights and obligations of the supplier and the client are subject to the provisions of a mutually concluded lease agreement and the valid price list of services that contain a list of valid service prices.

When concluding a lease agreement or a trial use contract, ALFA LOGISTIKA will inform the customer of these General Terms and Conditions and the Price List of ALFA LOGISTIKA services for the provision of computer system services Gps-cloud.com (hereinafter: the price list), which the customer confirms by signing the contract lease or trial use agreement.

By signing the lease agreement, the client accepts all the provisions of these General Terms and Conditions.

In the event of a conflict between the provisions of the lease agreement and these General Terms and Conditions, the provisions of the lease agreement shall apply.

The applicable legislation of the Republic of Croatia shall apply to the relations between suppliers and clients who are not regulated by the lease agreement or these General Terms and Conditions.

The computer system covered by these general terms and conditions is the Gps-cloud.com system.

 

DEFINITIONS OF TERMS

2. article

Processor speed

Is a measure of processor speed. The unit of measure is the operating clock frequency (MHz (megahertz) and GHz (gigahertz)). Processor speed is one of the main parameters that defines the execution speed of computer programs.

Central database

Is a computer center accessed by the client using applications (desktop applications or mobile applications) and allows the client to graphically view the position of the object on digital maps, view vehicle operation, send and receive reports, analyze previous routes, create various reports, etc.

Demo account

These are user data with which it is possible to access a computer system and work in the system on real examples. The demo account has a certain duration, after which the demo user data changes.

Dismantling

Is the dismantling of equipment from the facility.

Additional equipment

Is all equipment that is not part of the basic equipment.

Download

Is receiving a file from a remote computer to a personal computer. This procedure applies, for example, when downloading files from the Internet to a local / personal computer. The opposite action is called upload.

Fleet Management

Is a broader term than the term GPS tracking, which includes the GPS tracking system itself and its application through additional software solutions within various business processes and industries (sales, procurement, warehousing, route optimization, bookkeeping, etc.).

GPS (Global positioning system)

Is a system for determining geolocation using a satellite signal.

GPS tracking

Implies insight into the location of the object, the speed of the object and the activity of the object in time and space. Insight is achieved on a cartographic and tabular display through applications.

GPS/GSM terminal

Is a unit consisting of a GPS / GPRS module, a SIM card and an antenna for receiving satellite and transmitting radio signals. The GPS / GSM terminal is an integral part of the computer system. Installed in the facility, it monitors the position and condition of the connected devices in the facility at all times.

Hardware

Is a physical, tangible part of computer-electronic devices. Hardware changes much less frequently than software. The capabilities of computer-electronic devices depend to the greatest extent on the hardware and its quality.

Tracking hardware

Are machine components that enable the collection and transfer of data from an object to a system.

IMEI number

Is an abbreviation of the English word: „International Mobile Equipment Identity “and represents a unique number (15-digit number or 16-digit IMEISV number) assigned to each GPS / GSM terminal (GSM, WCMDA, iDEN). The IMEI number is used as an identification number in GSM networks, to which the operator allows or does not allow access to the mobile network. If the concessionaire denies network access to a particular IMEI number, then that facility, although it has a valid SIM card, cannot be used.

Integration

Is the connection of a computer system with other computer systems that are not part of the computer systems in question, and for the purpose of exchanging data specified by the supplier that they are possible at the time after the request by the customer.

Payment interval

Is the time interval between two payments, meaning the frequency of payments, the payment interval can be: monthly, semi-annual or annual.

Intervention

Is the repair or replacement of the installed equipment on the facility by a person authorized by the supplier.

Disconnection from the system

Is an action by which the client is prevented from further access to the computer system by suspending the user data with which the client logs into the system. Disconnection from the system also means the action of disabling data traffic on all GPS / GSM terminals connected to the computer system. We distinguish between temporary and permanent disconnection from the system, temporary implies the suspension of user data for login, while permanent disconnection also implies the disconnection of data traffic.

Supplier

Is an authorized provider of all services provided by computer systems. The authorized service provider provided by the computer system is the company ALFA LOGISTIKA Ltd. (hereinafter: ALPHA LOGISTICS)

Reporting

It is the organization of information collected from objects from a central database in a meaningful presentation of data and in a meaningful (human readable) format.

Warranty period

Is the time in which the customer exercises the right to service, repair or replace the equipment if there is a failure of the electronic circuits on the equipment. The warranty period is specified on the Contract form, which is signed by both parties.

Equipment warranty

Is the right of the customer to repair or replace the equipment within the warranty period, if there is a defect in material, workmanship or design.

Communication

Is the ability to send voice messages, text messages, exchange images, send geolocations, and send routes between an object connected to computer systems.

Communication terminal

Is a unit that enables the establishment of communication from each individual client object to the central database.

Concessionaire

Is a legal entity that provides services within a particular telecommunications network and performs legal and actual control of all functions necessary to ensure the functions of the mobile network.

User package

Is a set of useful functionalities of a computer system that are available to the system user, i.e. the client. The plan of user packages is published on the website www.alfalogistika.hr. The specification of user packages is available on the website www.alfalogistika.hr.

The user package specification specifies the capabilities of each user package, the contracted package does not have to correspond to the package specification, but the client can use only some of the functionalities of the specified user package. If it is a contract for the lease of systems and equipment, then within the user package there is also equipment that is leased to the client.

User data

Are alphanumeric data by which the client logs into the computer system.

System User Manual

Is a manual with instructions for using the computer system. The user manual is an integral part of the application. The user manual also includes texts that can be found on the website www.alfalogistika.hr.

Username

Is the unique name of the customer on the basis of which the computer system recognizes him as a user of the system.

Password

Is a unique alphanumeric record by which the client confirms his identity when logging into the computer system.

Mobile network

Is a wireless telecommunication network that enables data connections between users of radio thermal equipment within the corresponding mobile network, as well as with other telecommunication networks.

Mobile operator

Is a legal entity that provides services within a particular telecommunications network and performs legal and actual control of all functions necessary to ensure the functions of the mobile network.

Assembly

Is the installation of equipment in the facility or facilities of the customer by a person authorized by the supplier.

Mobile computer

Is a general purpose computer that is physically suitable for work outdoors, and is suitable for personal use due to its possibilities and price. A mobile computer includes smartphones, tablets or any other devices that meet the described principle of mobility, regardless of whether they are running Android or iOS operating systems. Mobile computers running other operating systems than those listed are not considered mobile computers.

Rent

Is the agreed price for the use of computer system services.

Client

Is a user of a computer system who has a lease agreement for the use of the service within the functionality of the user package.

Navigation equipment

Is a narrower sense that defines the equipment that is installed in the facility, and consists of GPS / GSM terminals, sensors, telemetry adapters, communication terminals and other hardware components that send information and spatial data to the central database of the computer system.

Navigation data

Are data collected from equipment at or in facilities.

Object or facility

Is any physical object on which or in which the navigation equipment is mounted and which is included in the computer system on the basis of the Contract.

User login box

Is the place where the client enters his user data (username and password) when running applications on desktop or mobile computers.

Equipment

Is all the hardware and software that is installed in the facilities and is a condition for the successful operation of computer system services. The equipment is not considered monitoring software (hereinafter: system), but the equipment includes physical components that are networked into a functional unit and connected to the system, e.g. it can be: GPS / GPRS terminal, communication terminal, navigation terminal, interfaces, sensors, switches, connection cables, etc…

Personal (local/desktop) computer

Is a general purpose computer that is suitable for personal use in terms of physical size, capabilities and price and is operated directly by the end user without the help of a computer operator, as opposed to a central computer and a server that can be used by multiple end users but require additional professional staff.

Authorized persons of the supplier

These are natural or legal persons authorized by the supplier to provide computer system services or perform interventions on the equipment.

Authorized service

Is a place authorized by the supplier where the customer can perform services of servicing and installation of equipment (assembly, reassembly, disassembly, intervention).

Data package

Is the right to use the data traffic of a certain mobile operator with which the supplier has a contract in a certain area of data traffic for the agreed period of lease of the system. A data package cannot be rented without a previously rented system user package.

Data traffic

Is the amount of data that is transmitted within a mobile network over a period of time. Data traffic enables the exchange of data between the GPS / GSM terminal and the computer system.

Data traffic area

Represents a geographical territory defined by the borders of one or more states or communities of states (e.g. the European Union), in which it is possible to realize data traffic, i.e. data transfer within a mobile network.

Reconnection into the system

Is the act of re-enabling a client to access a computer system after being previously disconnected from the system. Connection to the system is an action which implies reconnection of the customer’s user data and data traffic on all GPS / GSM terminals that are included in the computer system. Reconnection into the system accumulates additional costs to the supplier.

Reassembly

Is the dismantling of equipment from an existing facility and the installation of equipment in a new facility performed by an authorized person of the supplier

Subscription

Is the agreed price for the use of computer system services.

System access

The Client receives a username and password for access to the computer system for the duration of the Contract.

Trial objects

Are facilities that are included in the computer system on the basis of the provisions of the contract on trial use of the computer system.

Processor

Is the main part of the computer that, guided by default program commands, performs basic data operations. The CPU monitors or executes the main program and typically manages all other parts of the computer.

Manufacturer

Is a manufacturer of equipment that is mounted on or in a facility.

Data packet change

It is the action of changing the area of data traffic on one or more data packets.

Average consumption

Of all data packets it is the average consumption observed on a monthly basis in the unit of measurement Mb (megabyte) for all active data packets rented by the supplier to its customers.

Computer system for gps tracking and Fleet Management

Is an efficient computer service in the field of vehicle management, fleets and business processes in general, which by applying modern information and telecommunications technology optimizes work processes in the field of fleet management and control and significantly improves business efficiency. The system consists of a user and a control part. The user part of the system consists of a computer application (for desktop computers and for mobile computers, hereinafter: applications) through which the customer connects to the system and accesses data related to the customer’s user data. A control system is a system for tracking objects, communication between objects and the system, and managing GPS tracking objects. The system consists of software and hardware.

Computer virus

Is a computer program that can “infect” other programs by inserting a copy of itself (which can be modified) into them. The virus can be spread by a computer system or network using the privileges of infected users. Every program that is infected becomes a virus and so the infection grows.

RAM

Is the part of computer memory that is available to perform useful work, i.e. the part that is available to the user and in which data can be stored and processed in the short term and in which programs can be stored.

Work order

Is a supplier’s document by which the supplier confirms that he has installed equipment in the facility and included the facility in the computer system. The work order is signed by the supplier and delivered electronically to the client.

Data exchange

Is the transfer of structured data, according to agreed standards, from one computer application to another, electronically with minimal human intervention.

Self-installation

Is the installation of equipment in the customer’s facility by the customer or a third party.

Service technician

Is an authorized person by the supplier who installs, reassembles, dismantles and performs interventions on the equipment.

Service network

Are the locations of service technicians authorized by the suppliers on the territory of a certain country, who perform professional installation, professional reassembly and interventions on the equipment.

SIM Subscriber Identity Module (SIM card)

Is a card with the user’s code entered, which enables connection to the mobile network and identifies the user of the mobile network. The SIM card is the property of the supplier while the subscriber leases the right to access the mobile network for a prepaid period of time.

Software

Is a computer program written so that its content can be easily changed (possibly using a program). The more professional meaning of the term software is: they are (only) computer programs written (inscribed) in a hardware component in digital form accessible to a computer microprocessor (hard disk, USB disk, compact disk, etc.). Therefore, computer programs (code) written on paper, in a book, etc. (hardcopy) or data and text in general, and even the text of a computer program to a document written in electronic form, are not software, but they are the product of some software. Software are only programs that a computer microprocessor knows and can execute in run-time mode. The main task of the software is to manage the hardware, perform calculations, and to enable communication with other software, more precisely – the program.

Third party software

Is software that is not part of a computer system unless the supplier declares it to be part of a computer system.

Tracking software or system

It is a computer code (record) that allows: display and management of data received from equipment located in facilities.

Field work

Is the performance of interventions on the equipment at locations located outside the premises of the authorized service workshops of the supplier.

Permanent disconnection from the system

Is an action that occurs in the event that the client grossly violates the provisions of these General Terms and Conditions and further fulfillment of the contractual relationship is no longer possible. It means disabling access to the system and permanently deactivating user data and data traffic.

Third person

Is any person who is not authorized by the supplier and is not the client.

Handling costs

Are the cost of diagnostics and the cost of identifying equipment failure.

Hard drive

Is a secondary unit for storing data in computers.

Rental contract

Is a contract between the supplier and the customer as the end user, which concludes a contractual relationship for the use of computer system services. The lease agreement may include the lease of a computer system or the lease of a computer system and equipment.

Contracting Parties

Are the customer and the supplier.

Inclusion in the system

Is an action that involves assigning user data, activating data traffic, and enabling you to start using computer system services.

Upload

Is a term derived from the English language. Refers to sending a file from one computer to another. An example might be uploading or uploading an image from a personal computer to Facebook.

Vehicle management and supervision

It is a functionality that allows constant monitoring and management of moving objects in terms of virtual space management through sending routes, route overview, insight into the state of the subsystem on objects and communication with objects.

Uptime

Is the possibility of uninterrupted use of the system by the customer on a monthly basis. It is expressed as a percentage in which the supplier guarantees uninterrupted operation of the system to the customer. E.g. if the uptime is 98%, then the supplier guarantees the customer uninterrupted operation of the system according to the equation: 30.4 [average number of days in the month] * 98% [uptime] = 29.81 [days of uninterrupted use of the system by the customer] – the decimal amount is always rounded to lower value

Mobile network services

Are the establishment of data transmission connections and other technical and commercial services provided by the mobile network and provided by the mobile operator.

Computer system services

Are GPS tracking and Fleet Management, user package rental and data package rental.

Duration of the contractual relationship

Is the time in months for which a contract has been concluded between the supplier and the customer.

Type of rent/lease agreement

Is a type of lease, there is a “System Lease Agreement” and a “System and Equipment Lease Agreement”.

Operation

It refers to interventions on equipment, assembly, reassembly, disassembly or intervention. It is any action that is performed on the subscriber’s facility, and includes: assembly, reassembly, disassembly, intervention.

SIM card abuse

Is an action that could result in mechanical, electrical, or other damage to the SIM card and could compromise the proper operation of the SIM card. It is also an action that is contrary to the original purpose of using the SIM card in such a way that the SIM card is used outside the original GPS / GSM terminal. SIM card misuse is also an action that can lead to extremely high data traffic consumption which is significantly higher than the average consumption of all vendor data packets.

 

ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP

3. article

 

The contractual relationship between the supplier and the customer is based on the conclusion of a lease agreement on a valid form of the company ALFA LOGISTIKA, which, among other things, enters the following information:

• an indication of the type of contract, (i.e. whether it is a system lease agreement, a system and equipment lease agreement or a trial use agreement),
• information about the client, including personal identification number (VAT ID or similar), address for delivery of invoices for services provided, address for delivery of notifications, e-mail address, e-mail address for receiving invoices in electronic form.
• the number of leased user and data packages, additional functionalities of user and data packages, additional services, whether the equipment is rented or the customer buys it or already owns it,
• the day of entry into force of the contract from which the client is obliged to pay a monthly rent for leased user and data packages,
• the duration of the contractual relationship in months, i.e. an indication that the contract is concluded for an indefinite period of time (only a system lease contract can be concluded for an indefinite period of time, and not a system and equipment lease contract),
• A statement by the client confirming that he is familiar with the General Terms and Conditions and that he accepts the General Terms and Conditions.

 

TYPES OF LEASE CONTRACTS-CONTRACT MODELS

 

4. article

Computer systems services can be contracted through two lease contract models:

• System lease agreement,
• System and equipment lease agreement.

5. article

 

The subject of the System Lease Agreement is the lease of a computer system. Pursuant to the System Lease Agreement, the Supplier leases the user and data packages specified in the System Lease Agreement.

The equipment is not the subject of this system lease agreement because in the case of concluding this agreement, it is considered that the customer has purchased the equipment from the supplier or already owns it.

6. article

 

The subject of the System and Equipment Lease Agreement is the lease of equipment and computer system.

Pursuant to the System and Equipment Lease Agreement, the Supplier leases the user and data packages specified in the System and Equipment Lease Agreement.

Pursuant to the System and Equipment Lease Agreement, the Supplier leases user packages containing computer system equipment and licenses and data packages to the Client. In this type of Contract, the Client rents a pre-set system and pays it in a pre-agreed number of monthly installments. The total value of the leased system is in the Lease Agreement.

 

CONTRACT CHANGES

7. article

 

All amendments to the contract of the contracting party will be regulated by a new lease agreement, unless otherwise agreed, then changes to the contract may be made by annex.

 

CONTRACT DURATION

8. article

 

The system lease agreement can be concluded for a definite period of time or for an indefinite period of time.

A system and equipment lease agreement is always concluded for a definite period of time with an automatic renewal clause, except when the provisions of these General Terms and Conditions exclude the application of that clause.

The contractual period for which the fixed-term contract is concluded begins to run from the day specified in the contract as the date of entry into force of the contract.

 

CUSTOMER OF SERVICES

9. article

 

ALFA LOGISTIKA will enter into a lease agreement for the use of computer system services with any interested solvent natural or legal person that meets the following conditions:

• that she is fully capable of business,
• to provide access to all data and copies of identification documents necessary for the establishment of a contractual relationship, in accordance with these General Terms and Conditions,
• to guarantee the payment of liabilities with personal income, i.e. funds on the account through which it operates,
• that there are no outstanding due obligations to ALFA LOGISTIKA from the previously concluded contracts
• that ALFA LOGISTIKA has not previously collected the receivables in the procedure of forced collection or other court proceedings against the client
• That there are no ongoing enforcement proceedings and court proceedings against the client in order to realize the claim of ALFA LOGISTIKA.

 

10. article

 

ALFA LOGISTIKA may refuse to enter into a lease agreement if:

• the contracting authority does not meet the conditions referred to in Article 9,
• there is a suspicion that the data on the identity, i.e. legal personality of the client, his solvency and authority or right to representation are incorrect or untrue,
• Bankruptcy or similar proceedings have been instituted against the client or if he becomes insolvent or over-indebted, or if, according to a reasonable assessment of ALFA LOGISTIKA, the client has some other difficulties in terms of its business or fulfillment of obligations to creditors,
• Determines that the client has acted in contravention of the provisions of these General Terms and Conditions or applicable legal regulations.

 

CUSTOMER INFORMATION AND DATA PROTECTION

 

11. article

 

For the purpose of unambiguous identification and establishment and fulfillment of mutual rights and obligations from the contractual relationship, the Client is obliged to present the originals of his identification documents as well as submit copies thereof and provide ALFA LOGISTIKA with additional data and documents that ALFA LOGISTIKA may consider necessary for establishing the contract. Relationships or changes to the same. Otherwise, ALFA LOGISTIKA has the right to refuse to enter into a contract, change an existing contract with the client or provide a particular service.

The client is materially and criminally responsible for the accuracy of its information stated in the lease agreement.

The Client is obliged to inform ALFA LOGISTIKA in writing about any change in the data immediately, and no later than within 30 days from the occurrence of the change. If the customer does not notify ALFA LOGISTIKA about the change of data in time, the customer will be liable for any damage to the supplier or third parties, and if therefore invoices, reminders for non-payment or other ALFA LOGISTIKA notifications cannot be delivered to the customer, delivery will be considered based on existing data validly executed.

The data related to the contractual relationship is a business secret of the company ALFA LOGISTIKA. ALFA LOGISTIKA will collect, process and use data related to the contractual relationship in accordance with the regulations on personal data protection.

The Client gives his consent that ALFA LOGISTIKA may use the data of the Client, in accordance with the applicable regulations of the Republic of Croatia:

• provide financial institutions, companies registered for creditworthiness testing and collect and process data for the purpose of checking the solvency of the customer and data on breach of contract with the supplier, all to protect the legitimate business interest of ALPHA LOGISTICS in the form of reducing the risk of possible damage, reduction future debt and protection of the client’s interests,
• To provide creditor banks and debt collection agencies with the necessary data in order to enable the assignment of claims that ALFA LOGISTIKA has against the client and to transfer claims against the client to third parties, including but not limited to creditor banks and debt collection agencies, in the manner and in accordance with applicable regulations.

SERVICE DESCRIPTION

12. article

 

Description of Gps-cloud.com system services

 

The Gps-cloud.com computer system is an efficient service in the field of vehicle, vessel, real estate and movable property management, which uses modern information and telecommunication technology to optimize work processes in the field of fleet management and control and significantly improves business efficiency.

The use of the computer system can be contracted with authorized legal entities by ALFA LOGISTIKA or with authorized sales representatives by ALFA LOGISTIKA.

The system consists of a user and a control part. The user part of the system consists of computer applications through which the customer connects to the central database and accesses the navigation data related to the customer’s user data.

To connect to the system, the customer is assigned user data (username and password). The user enters the user data in the login box when starting the user network application on a personal (local / desktop) or mobile computer.

 

It is possible to exchange data between systems with third-party software.

Within the system, it is possible to use third-party software by the supplier. If third party software is used as part of a computer system, then all provisions of the lease agreement and these General Terms and Conditions apply to third party software.

 

DATA TRAFFIC

13. article

 

Proper operation of computer system services requires access to a mobile network that allows the transfer of data traffic between the equipment in the facility and the central database of the system and vice versa. The transfer of data traffic is enabled by an active SIM card that is properly connected to the equipment in or at the facility.

In addition to the provisions of these General Terms and Conditions, the general terms and conditions of the mobile network concessionaire who takes care of the connection of the facility with the central database shall apply to the use of mobile network services if these General Terms and Conditions do not exclude them.

14. article

 

When concluding a lease agreement, the supplier leases a SIM card to the customer with which the equipment from the customer’s facility is connected to the concessionaire’s mobile network, and data traffic is realized between the GPS / GSM terminal and the central database and vice versa.

 

 

 

 

15. article

 

Leased data traffic differs in the area of data traffic and the amount of data traffic. The area of data traffic and the amount of data traffic dictate the price of the data packet.

 

16. article

 

Data traffic is leased through a data traffic packet where one (1) leased data packet represents the possibility of connecting one (1) client’s facility to the mobile network of the concessionaire with the aim of transmitting and receiving data in the central computer system database and from the central computer system database.

The Client may not use a SIM card that is integrated in the GPS / GSM terminal or other equipment in any other terminal for a purpose other than that specified in the lease agreement and in these General Terms and Conditions.

 

SIM CARD ABUSE

 

17. article

 

Abuse of the SIM card is considered to be any intervention with the intention of damaging the SIM card, receiving and sending data or SMS messages outside the system, as well as damage to the SIM card, receiving and sending data or SMS messages outside the system.

The supplier has the right to exclude data traffic to the customer on all leased data packages or on an individual leased data package in case of suspicion of SIM card misuse. The exclusion of data traffic to the customer by the supplier in case of suspicion of misuse of data traffic does not reduce the fees agreed in the lease agreement.

If the consumption of data traffic in the unit of measurement Mb (megabyte) at a single customer’s facility or at a single customer’s facility connected to a computer system exceeds the average consumption of all data packages that the supplier rents to all its customers by more than 300%, SIM card misuse has occurred.

Misuse of the SIM card is charged according to the valid price list of the company and is fully borne by the customer.

 

USER PACKAGES

18. article

 

Rental of computer system services is divided into user packages. User packages define the level of possible functionalities of the computer system, the contracted possibilities should not correspond to the possible ones. The user package cannot be purchased, but only rented for the agreed period of time for the agreed number of facilities.

All system services that are not part of the contracted user packages are charged separately according to the valid price list of the company.

The number of leased user packages is equal to the number of objects included in the system. One (1) leased user package is valid for one (1) facility that is included in the system.

In addition to the user package, the customer is obliged to rent a data package in order for all system functionalities to work properly.

The plan of user packages of the computer system is published on the website www.alfalogistika.hr.

In the case of a lease agreement for systems and equipment, the user package may also include leased equipment.

 

DATA PACKAGES

19. article

 

Data traffic lease is divided into data packets. Data packets define the areas of data traffic depending on the individual data packet. The data package cannot be purchased, but only rented for the agreed period of time for the agreed number of facilities.

The data package is valid exclusively for data transfer in the contracted area of data traffic.

The change of data packages is possible, and it is charged according to the valid price list of the company and according to the provisions of these General Terms and Conditions.

The number of leased data packets is equal to the number of objects included in the system. One (1) leased data packet is valid for one (1) object that is included in the system.

The plan of data packages is published on the website www.alfalogistika.hr.

 

SYSTEM INCLUSION – SERVICE ACTIVATION

20. article

 

Connection to the computer system is only possible for customers of the computer system who have a lease agreement with the company ALFA LOGISTIKA.

ALFA LOGISTIKA will include the customer in the system, i.e. activate the service for all leased user and data packages no later than 30 days from the day the contract enters into force. For justified reasons, this period may be extended for a further 30 days, with the written consent of both parties.

By joining the ALFA LOGISTIKA system, it enables the customer to access the computer system using the assigned user data.

User data (username and password) will be delivered to the client to the e-mail address specified by the client in the lease agreement.

The supplier is not responsible for the accuracy of the customer’s email address, nor for errors and security settings of the customer’s email address.

The client uses the assigned username and password to access the services of the computer system via network applications.

User data can be used by the customer and his authorized persons.

The objects of the client for which the inclusion and use of the system have been agreed are included in the computer system.

The number of objects that the client can include in the system is determined by the number of leased user packages and data traffic packages, where (1) one user or data package of the system corresponds to the inclusion (1) of one object in the system.

21. article

 

The inclusion of the customer in the system, i.e. the activation of the service starts from the date specified as the start date of the contract.

DISCONNECTION FROM THE SYSTEM

22. article

 

Exclusion of the client from the computer system can occur as a consequence:

• termination of the lease agreement,
• force majeure,
• in other cases when the supplier is authorized to exclude the customer’s facilities from the system according to the provisions of these General Terms and Conditions and to prevent him from accessing the system.

23. article

 

After disconnecting the customer from the computer system, the customer will no longer be able to access the services of the computer system via user data, and he will be disabled from logging into the system.

ALFA LOGISTIKA may, in the event that the client acts contrary to the provisions of these General Terms and Conditions, the lease agreement or the applicable legal regulations, exclude the client from the system.

The costs of disconnection from the system and possible re-inclusion in the system shall be borne by the client. The costs of disconnection and reconnection are calculated according to the valid price list of the company for computer system services gps-cloud.com, which is published on the website www.alfalogistika.hr.

 

PROTECTION AGAINST ABUSE

24. article

 

After concluding the lease agreement, ALFA LOGISTIKA acquaints the client with the conditions and rules of using the computer system and gives him instructions for the use of the computer system and instructions for the use of purchased or rented equipment.

During the term of the lease agreement, the client is obliged to comply with the General Terms and Conditions of Use of the System and to use the system and equipment in accordance with them.

The client is obliged to take care of the security of his user data and change the username and password as soon as he suspects their unauthorized use. The Client is fully responsible for all damage caused by unauthorized use of user data, as well as for all content published under his user data. ALFA LOGISTIKA is not responsible for cases of password abuse.

In case of missing, damaged, lost or stolen SIM card and suspicion of unauthorized use of username and password, the customer must immediately notify the system service provider, orally and in writing. If the notification is oral, the contracting authority is obliged to record the date, time of the notification and the name of the person who sent the notification. The client is obliged to confirm the oral notification with all the data immediately or within 24 hours at the latest, otherwise it will be considered that there was no oral notification. In case of reporting the theft of the username and password or its unauthorized use, the company ALFA LOGISTIKA will disable access to the services, no later than 24 hours after receiving the notification of the client.

 

CONFIDENTIALITY AND PROTECTION OF INTELLECTUAL PROPERTY

25. article

 

All intellectual property rights for the provision of services and equipment are the property of the supplier. The Client does not acquire any rights to these intellectual property rights by contract, except for the rights of use which are explicitly stated in these General Terms and Conditions.

Both parties undertake to keep all business and technical information available to them for the implementation of this contract as a business secret for at least three (3) years after the expiration of the contract. It will do the same if the contract is terminated.

 

MINIMUM TECHNICAL REQUIREMENTS NECESSARY FOR SYSTEM OPERATION

26. article

 

The client must meet the minimum technical requirements to allow him unhindered access to the system.

OPERATING SYSTEM

MS Windows, Linux, Mac OS, iOS, Android

INTERNET CONNECTION

Minimum download speed 2 Mb / s.

Minimum upload speed 0.5 MB / s.

A smooth and stable internet connection is required for the smooth operation of the application. Without an Internet connection or if the Internet connection is below the specified parameters, the computer application will not work, i.e. it will not be able to connect to the central database of the computer system.

 

MINIMUM HARDWARE REQUIREMENTS OF THE CLIENT’S LOCAL COMPUTERS

Processor speed: minimum 1.5 GHz.

RAM: minimum 4 GB RAM.

Hard disk: minimum free capacity 5 GB.

A permanent internet connection is provided.

Protected against computer viruses.

27. article

 

If the customer has not purchased the equipment from the supplier or rented it, but already owns the equipment (before concluding the contract with the supplier), the supplier accepts the compatibility of the equipment with the computer system being rented by signing the System Lease Agreement.

 

QUALITY OF SERVICE

28. article

 

The level of possible functionalities and quality of service of the system, which are specified in the individual user package, should not correspond to the level of actual functionalities. The level of actual functionality depends on the equipment that the customer has rented or purchased from the supplier, or has owned from before, and is connected to the system.

The supplier ensures to the client the purchase or rental of high quality equipment with certificates (EC 2004/108 / EC, 99/05 / EC, 70/156 / ETY, EC2001 / 116 / EY, 72/245 / ETY, 2004/104 / EY, 2005 / 49 / EY, 2005/49 / EY, 2006/28 / EY, DECLARATION OF RoHS CONFORMITY, etc.).

 

The supplier reserves the right to periodically turn off the services of the computer system due to the performance of emergency service work on the central database. During these shutdowns, the supplier will ensure that they last for the shortest possible period of time. The supplier will notify the customer in advance of such exclusions on the website www.alfalogistika.hr.

The monthly rent is not reduced due to the impossibility of using the services due to the works from the previous paragraphs of this article.

SUBMISSION OF COMPLAINT OF THE CLIENT

29. article

 

The Client may file a complaint regarding the provision of system services, the quality of the service provided, the amount in charge of the service provided and a complaint due to a violation of the provisions of the Lease Agreement. The objection must contain the facts and evidence on which it is based.

The complaint is submitted in writing to the valid e-mail address of the supplier listed on the website www.alfalogistika.hr, or by registered mail.

The complaint must be submitted within 8 (eight) days of learning of the action or omission of ALFA LOGISTIKA for which the complaint is submitted.

An objection to the invoice amount is submitted within 8 (eight) days from the due date of the invoice, to the valid e-mail address of the supplier listed on the website www.alfalogistika.hr or by registered mail.

The supplier undertakes to respond to the complaint in a descriptive manner within 8 (eight) days from the date of receipt of the customer’s complaint.

LIABILITY FOR DAMAGES

30. article

 

ALFA LOGISTIKA is not responsible for disturbances in the system and possible damages that would occur to the customer as a result of:

• errors, disturbances or malfunctions in the mobile network of the concessionaire,
• errors, interference or failure of the Internet connection between the service provider and the customer,
• errors, disturbances or malfunctions of the GPS system, as well as in the event that the GPS signal is not of satisfactory quality, for reasons beyond the control of the supplier,
• the fact that the client does not comply with the general conditions of the mobile network concessionaire,
• map errors,
• loss or alienation of username and password (user data),
• damage or theft of GPS / GSM terminals and equipment,
• equipment failure resulting from improper handling by the customer or a third party,
• non-compliance with the provisions of the lease agreement, these General Terms and Conditions, recommendations or explicit instructions of the supplier,
• non-compliance with the instructions for use of installed (purchased or rented) equipment,
• non-functioning of the system in foreign mobile networks,
• failure of the electrical or mechanical systems of the customer’s facility that could cause temporary or permanent failure of the equipment,
• Mains failure.

31. article

 

The supplier is not responsible for the loss of data from GPS / GSM terminals or other installed equipment when data loss occurs due to:

• disconnecting the GPS / GSM terminal or equipment from the vehicle ‘s electrical installation or
• Mechanical damage to the unit (e.g. in the event of an accident).

The supplier is not liable for damage to equipment or for any damage to the customer or a third party if the damage was caused by the customer or a third party by careless and unprofessional handling, improper or improper installation, and improper maintenance. The supplier is not liable for damage caused by mechanical, chemical, electrochemical and / or electrical effects.

32. article

 

The costs of eliminating errors and repairing damage caused by the customer or a third party shall be borne by the customer.

33. article

 

The supplier is not liable for damage that may occur due to the publication or unauthorized use of data in the event of: burglary of the computer system, loss or disclosure of the user password, negligent storage of the user password.

34. article

 

The supplier is not responsible for and does not guarantee for damages and errors that would result from the system software or from errors in the operation of the mobile network. In no event shall the supplier be liable for any damages, including but not limited to damages for loss of profits, business interruptions, loss of business information or other material or non-material damages, arising from the use or inability to use the services.

35. article

 

In other cases of liability for damage, which are not covered by the provisions of Articles 30-34, the supplier is liable only for ordinary damage (reduction of property). The supplier’s liability for damage is limited to the average monthly amount of rent paid by the injured party during the last six months before the harmful event, or to the average monthly rent calculated for the period from the client’s inclusion in the system until the occurrence of the harmful event. Less than six months.

When detecting errors and irregularities, i.e. the occurrence of damage, the client must do everything in its reasonable capacity to reduce the damage and / or harmful consequences.

EQUIPMENT WARRANTY

36. article

 

The warranty is valid on purchased and rented equipment.

The duration of the warranty for the purchased equipment is 12 (twelve) months from the moment of issuing the invoice, unless otherwise stated on the issued invoice. The warranty for the purchased equipment is not valid without presenting an invoice.

The warranty period for the rented equipment is stated in the lease agreement.

The warranty is valid for equipment failures caused by a possible defect in the material, workmanship or design of the device. The manufacturer guarantees that the device will function properly with proper use and maintenance according to the manufacturer’s instructions. ALFA LOGISTIKA guarantees that during the warranty period, within 30 (thirty) days from the date of receipt of the device for service, it will repair irregularities in materials, design and construction free of charge or replace the equipment with new ones in accordance with these General Terms and Conditions.

37. article

 

The warranty does not apply in the following cases:

• Overvoltage phenomena (lightning, induction, etc.) and other weather and atmospheric disturbances or in case of force majeure,
• equipment damage caused by mechanical damage or by handling the equipment in a manner contrary to the instructions,
• damage or alleged damage caused by the use or connection to any other equipment, software and / or service not manufactured by the manufacturer or supplied by the supplier,
• damage caused by viruses, access to the services of unreliable third parties or unauthorized access to computer systems and networks,
• damage caused by short circuit of the battery, damage to the protective labels on the battery housing, breakage of the battery cells, improper handling or use of the battery in unspecified equipment,
• if ALFA LOGISTIKA or an authorized service center determines that there has been any intervention on the equipment in terms of opening, changing or repairing the equipment by anyone other than ALFA LOGISTIKA or its authorized services,
• if the equipment has been repaired using unauthorized parts or if the equipment serial number, GPS / GSM terminal date code or IMEI number has been removed, erased, worn out, changed or is illegible, which will be determined at the discretion of ALFA LOGISTIKA,
• If the GPS / GSM terminal has been exposed to moisture, extreme thermal conditions, or rapid changes in these conditions, corrosion, oxidation, food spillage, or liquid spillage, or chemicals.

The equipment warranty does not cover consumables (batteries, external antennas, 12 V car plugs, fuses, etc.) and does not cover normal wear and tear of the equipment due to regular use.

 

EQUIPMENT FAULT REPORT

38. article

 

The client can report a fault on the equipment via the fault report form (RMA) which can be downloaded from the website www.alfalogistika.hr. The completed form together with the equipment must be delivered to the following address of the supplier: Andrije Hebranga 16, 47 000 Karlovac.

Equipment failure must be reported, i.e. a request for repair of the equipment must be submitted within the warranty period within a reasonable time from the time when the damage or malfunction was noticed.

In order to meet the warranty conditions, when submitting a request for repair of equipment within the warranty period, it is necessary to enclose:

 

• equipment and
• Invoice for purchased equipment or lease agreement in case the equipment is rented.

 

For more detailed information on how to submit a request for repair of equipment within the warranty period and for information on authorized services, the customer can contact the supplier at the e-mail address listed on the website www.alfalogistika.hr.

The manufacturer and ALFA LOGISTIKA exclude liability for any direct or indirect damage caused by loss, damage, distribution, unwanted changes to the contents or data during the repair or replacement of equipment.

If the equipment is not covered by the warranty conditions, the manufacturer and ALFA LOGISTIKA reserve the right to charge handling costs.

 

SERVICING AND MAINTENANCE

39. article

 

Under the contract, the supplier provides the customer with appropriate maintenance and servicing of system software, as well as equipment installed in the customer’s facilities if it is installed under a system and equipment lease agreement, which the supplier rents to the customer.

The supplier provides authorized equipment services. Only an authorized service center may perform service interventions on the equipment, unless the contract stipulates that the customer will independently install and service the equipment (installation only).

Defects in the operation of the computer system that do not arise due to the lack, damage, loss or theft of the SIM card and unauthorized use of the username and password, the supplier will eliminate as soon as possible.

 

The response time for maintenance and maintenance deadlines are defined by the Service Level Agreement (SLA) which is published on the website www.alfalogistika.hr. There are three (3) levels of service that are contracted with the client. The level of service is indicated on the contract.

 

Maintenance conditions depend on the type of computer system, type of contract, level of contracted service and additional arrangements.

 

40. article

 

The client will inform the supplier about the impossibility of using the system and about other possible errors in the operation of the system to the contacts listed on the website www.alfalogistika.hr.

41. article

 

In the event that the customer does not notify about the inability to use the system and other possible errors in the system as described in the previous article or that the customer in case of damage, loss or theft of SIM card and suspicion of unauthorized use of username and password does not act in accordance with Article 24. Or the client does not allow the supplier access to the facilities to eliminate the error, the client has no right to complain about the amount of the invoice due to a system failure.

 

PRICES AND PAYMENTS

42. article

 

The services of the system are paid and calculated in accordance with the valid Price List published on the website www.alfalogistika.hr and in accordance with the lease agreement.

The rental prices of the supplier’s equipment and the monthly rent of the supplier’s services are defined in the price list which is an integral part of the lease agreement between the supplier and the customer.

In the event that a system and equipment rental agreement has been concluded with the client, the rental price in the user package includes the combined rental price of equipment and computer system rental. Data traffic lease is reported separately.

 

Whether it is a system lease agreement or a system and equipment lease agreement, the customer is obliged to pay the supplier the total amount of the contract, which is stated in the lease agreement.

 

The Supplier shall issue an invoice for the services under the contract every first day of the month for the current month. The payment deadline is 10 (ten) days from the date of invoice issuance.

The purchase price for the payment of equipment in case the customer buys it, the customer is obliged to pay within ten (10) days, counting from the date of issuing the invoice for the equipment, and before delivery of equipment or installation of equipment in the facility, unless agreed with the supplier otherwise, which will state in the lease agreement or on the invoice issued for the purchase of equipment.

 

If the lease agreement does not contain the prices of additional services of the supplier (interventions, education, etc.), then the services are calculated in accordance with the valid price list published on the website www.alfalogistika.hr.

43. article

 

The services charged by the supplier are charged by the supplier for all facilities included in the computer system.

The supplier charges for the services on a monthly basis, unless a different payment interval has been agreed in the lease agreement or after it has been concluded in writing.

The monthly rent is a fixed monthly lump sum.

The Client pays the rent for the current month in accordance with the issued invoice, by the 10th of the month for the current month, to the supplier’s bank account indicated in the issued invoice.

The Client is obliged to pay the rent starting from the day specified in the lease agreement as the day of entry into force of the agreement, regardless of whether the service in relation to individual user and data packages is activated before or after that day, or subsequently extended in accordance with Article 20 of these General Terms and Conditions.

The supplier reserves the right to change the prices of services. The supplier may increase the price by the maximum amount of the officially recognized inflation rate in the Republic of Croatia for the previous year. The supplier will inform the client about the price changes in a timely manner, at least one month before the new prices come into force on the website www.alfalogistika.hr. Or by sending a notice to the customer’s email address.

 

The method of calculating the service contracted under the lease agreement is fixed. Fixed billing implies that the service starts to be charged in full from the date of entry into force of the contract.

44. article

 

The monthly rent for user packages is calculated as follows:

• rent is calculated for the current month,
• the rent for the first and last month of the provided service will be charged in proportion to the number of days for each day until the end of the month in which the service was activated, i.e. in which the lease agreement was terminated in relation to a specific user package, unless in the specification stated otherwise

 

The monthly rent for data packages is calculated as follows:

• rent is calculated for the current month,
• rent for the first month in which the SIM card is activated, or for the last month of the contractual relationship in which the SIM card is deactivated is calculated for the entire month in which the activation or deactivation of the SIM card is performed

 

The monthly rent for a data package change is calculated from the day of the change.

 

The client is obliged to pay all costs (rent) incurred due to the use of the computer system by a third party.

 

ASSEMBLY AND DISASSEMBLY

45. article

 

Assembly, reassembly and disassembly of the equipment may only be performed by the supplier and the authorized services of the supplier. Self-installation is not permitted, unless the lease agreement states that self-installation of equipment is permitted, then only installation is permitted.

Assembly, reassembly and disassembly are calculated in accordance with the supplier’s price list valid on the day of assembly, reassembly or disassembly. The supplier reserves the right to change the price list for assembly, reassembly and disassembly at any time. The supplier undertakes to publish the changes on the website www.alfalogistika.hr.

Assembly, disassembly and reassembly may be included in the monthly rental price (subscription), depending on the provisions of the lease agreement. Under no circumstances may the customer assemble, reassemble or dismantle the equipment himself or through a third party, who is not the supplier or the authorized service of the supplier, and is liable for any damage that the supplier or a third party would suffer due to violation of this prohibition.

In case of violation of the prohibition from the previous paragraph, the customer is obliged to purchase the equipment rented from the supplier at full price, i.e. for the value of new equipment in accordance with the valid price list of the supplier on the day when the supplier requires purchase.

46. article

 

Exceptionally, with the consent of the supplier, it is possible to install, reassemble or disassemble the equipment by the customer or third parties (installation only). The consent of the supplier must be indicated in the lease agreement or subsequently issued in writing and serves as permission for the customer or a third party to install, reassemble or dismantle the equipment.

In the event that the customer rents the supplier’s equipment and does not pay the rent or the computer system lease agreement is terminated, the customer is obliged to immediately dismantle the leased equipment and bear all costs in accordance with the provisions of these General Terms.

47. article

 

The cost of dismantling is calculated in accordance with the valid price list on the day of dismantling.

48. article

 

Equipment operations can be performed at service locations. The list of service locations is available on the website www.alfalogistika.hr.

If the interventions on the equipment are performed outside the service locations, the fee for field work and travel expenses will be calculated.

The agreement referred to in the previous paragraph shall be indicated by the supplier and the client in the lease agreement.

The fieldwork fee is calculated for each hour of work and travel spent outside the workshop.

The prices of fees for field work and travel expenses can be found in the valid price list of the company, which is published on the website www.alfalogistika.hr.

 

TEST EQUIPMENT INSTALLATIONS (TEST SERVICE CONTRACT AGREEMENT)

49. article

 

The Client and the supplier may, for the purpose of determining the suitability of the system services, enter into a contract for trial use of the service, based on which the supplier will install equipment in the contracted facilities (trial facilities) for a certain period of time. The duration of the trial period is stated by the client and the supplier in the contract for the trial use of the service. The customer is obliged to notify the supplier of the following no later than 8 (eight) days before the expiration of the trial period:

• to enter into a lease agreement, specifying the user and data package he wishes to rent, and / or to purchase or rent the equipment, or
• That he will not enter into a lease agreement, stating the date (which must be within the trial period) when the supplier may dismantle the equipment from his trial facilities.

If the customer 8 (eight) days before the end of the trial period does not proceed to the above (does not provide the necessary information to the supplier), it is considered that the customer has a contract with the supplier for a fixed period of 12 (twelve) months for installed equipment with the selected user and data package and with the beginning of the contractual relationship from the first following day after the end of the trial period and in accordance with the price list valid on the first day after the end of the trial period.

 

OBLIGATIONS OF THE CONTRACTING PARTIES

50. article

 

The Supplier undertakes to:

• equipment rented to the customer, i.e. equipment purchased by the customer from the supplier, installed in the customer’s facilities, install system software at the customer’s location and include the customer in the system no later than the day specified in the lease agreement as the deadline for inclusion in the system,
• Provide basic or advanced education to the client only if agreed in the provisions of the system lease agreement,
• service and maintain the system software for the duration of the lease agreement,
• provide customer support to the client,
• provide technical support to the client with whom it has concluded a contract,
• perform contractual obligations well, on time and according to the rules of the profession,
• Appoint a telephone and e-mail contact through which orders will be executed professionally and in a timely manner and resolve the client’s complaints at the web address www.alfalogistika.hr.
• take appropriate measures to protect the client’s business data,
• use personal data in accordance with the regulations on personal data protection,
• Keep technical and business information, data and documentation from the contractual relationship and the activities of the client as a business secret, even after the termination of the contractual relationship.

51. article

 

The Client undertakes to:

• at the request of the supplier, provide access to facilities for the installation of equipment or for the construction of equipment,
• use the system as a good businessman,
• use the system in accordance with the provisions of these General Terms and Conditions,
• keep technical and business information, data and documentation from the contractual relationship between the customer and the supplier as a business secret, even after the termination of the contractual relationship,
• provide access to data and locations required in the phase of establishment, use or servicing of the system to all authorized persons of the supplier,
• return the rented equipment to the supplier after the termination of the contract,
• Settle all obligations under the contract within the deadline.

 

FORCE MAJEURE

52. article

 

Force majeure is considered to be the occurrence of circumstances that prevent the fulfillment of contractual obligations of one or the other contracting party, which arose after the conclusion of the contractual relationship, and the contracting parties could not foresee, prevent or avoid them when concluding the contract. Sides.

In the event of force majeure, the Contracting Party in which it arose shall notify the other Contracting Party in writing of the occurrence or cessation of force majeure, as well as take all reasonable measures to eliminate or reduce the consequences of force majeure.

In case of damage due to force majeure, each contracting party is obliged to bear its own damage, i.e. costs incurred due to force majeure.

 

TRANSFER OF THE CONTRACT

 

53. article

 

The contract can be transferred to another legal or natural person if the new client (successor) continues to use the services of the system that is already installed in the client (ancestor).

ALFA LOGISTIKA will, at the request of the client (ancestor) transfer the contract to another person, i.e. a new client (successor) by establishing a lease agreement with a new client (successor) in accordance with these General Terms and Conditions, provided that the ancestor has duly settled all due obligations. By the date of the transfer request. The ancestor is obliged to settle the invoice for the use of services in the month in which the contract was transferred by the day of the transfer, and the new client (successor) is obliged to settle the invoice for the use of services after the transfer.

54. article

 

In the event of the death of a natural person’s client or the cessation of the existence of a legal person, the heir or legal successor may apply for the transfer of the contract.

The contract together with all rights and obligations passes to the new client (successor) only when ALFA LOGISTIKA accepts the request for transfer of the contract in accordance with the provisions of Articles 9 and 10 of these General Terms and Conditions.

55. article

 

The new client (successor) agrees that together with the previous client (ancestor) he will be jointly and severally liable for all obligations to ALFA LOGISTIKA related to the use of ALFA LOGISTIKA services by the previous client (ancestor), which fell due after the transfer of the contract. On the basis of an explicit agreement on joint and several liability for the debt of the previous client (ancestor) specified in the request for transfer of the contract.

 

TERMINATION OF THE CONTRACTUAL RELATIONSHIP

56. article

 

A contract concluded for an indefinite period of time may be terminated by either party with a notice period of 3 (three) months.

The three-month notice period shall begin on the first day of the month following the month in which the notice is received by the Contracting Party to which the contract is terminated.

The contract expires on the last day of the notice period.

Cancellation is given in writing and sent by registered mail with return receipt.

 

In the event that the customer pays for the service in advance for a specified period longer than three (3) months, after the expiration of the agreed period if the customer does not extend the service before expiration, the service will be permanently terminated and in this case no notice period applies.

57. article

 

A contract concluded for a definite period of time after the expiry of the contract period is automatically extended for the same period of time specified in the lease agreement.

The customer may notify the supplier in writing no later than three (3) months before the end of the contract period that he does not wish to extend the contract for a new period, in which case the contract terminates at the end of the period for which it was originally concluded.

58. article

 

The provisions of the previous article on automatic contract renewal do not apply if the client is a natural person who does not perform a registered activity or if the lease contract states that the contract is not automatically extended and in that case the contract terminates after the time for which it was concluded.

 

If the client is a legal entity performing a registered activity and if the provision on automatic renewal of the contract does not apply within the lease contract, then upon expiration of the contract it is considered that the client has concluded a lease contract for an indefinite period.

59. article

 

A fixed-term contract concluded by a natural person as a client and a fixed-term contract stating that it is not renewed automatically, the client may terminate before the end of the contract period.

A fixed-term contract which is automatically extended (to which Article 58 does not therefore apply) may be terminated by the contracting authority no later than the beginning of a period of three months before the end of the contract period.

Notice of termination shall be delivered to the supplier in writing by registered mail with return receipt, to the address of the supplier’s registered office in the court register.

The contract is terminated by delivery of the notice of termination to the supplier and delivery of the leased equipment.

In all cases of termination of the contract referred to in this Article, the client is obliged to pay all monthly fees under the contract until the end of the contracted period and hand over the leased equipment.

60. article

 

Regardless of whether the contract is concluded for a definite or indefinite period of time, the supplier has the right to exclude the customer from the use of the computer system if and until he pays the costs of services rendered. The supplier will warn the customer with a warning beforehand.

 

• If the customer is late with the payment of the invoice for more than 30 (ten) days after the due date of the invoice, the supplier will warn the customer with a warning before the termination of the lease agreement and prevent the customer from accessing the system.

 

If the Client fails to settle its obligations after the supplier’s notice even after sixty (60) days from the due date of the issued invoice, the Supplier shall terminate the lease agreement and terminate the lease agreement in writing by post or deliver to the Client.

 

In any case, the Supplier may, regardless of its settlement of invoices, without delay exclude the Client from the system and terminate the contract when it determines that the Client acts contrary to the provisions of these General Terms and Conditions, the lease agreement or applicable law.

61. article

 

Cancellation, termination of the contract and all written notices from this chapter shall be delivered by registered mail with return receipt, to the address of the supplier’s registered office in the court register, or to the address of the client specified in the lease agreement or to another address of the client. Notify the supplier in writing after concluding the lease agreement.

The contracting party who does not pick up the postal item bears the risk of missing delivery.

As proof of sending or not receiving all the prescribed written documentation by mail, there is an excerpt on the recommended sending of documents with a return receipt from the courier service to which the documentation is delivered.

 

62. article

 

In all cases of termination of the contract, the client is obliged to allow the supplier to dismantle the leased equipment, as follows:

• within ten (10) days from the termination of the contract in cases when the contract is terminated according to the provisions of Articles 56-58 of these General Terms and Conditions, i.e.
• Without delay at the request of the supplier in cases of termination of the contract under the provisions of Articles 59 and 60, as well as in other cases where under the provisions of these General Terms and Conditions the supplier has the right to deny the customer access to the system.

63. article

 

If the client does not enable the dismantling of the leased equipment within the deadlines referred to in Article 62, he is obliged, at the discretion of the client:

• pay penalties in the amount of 1 euro for each day of delay and bear all costs of dismantling the rented equipment and related costs, or
• Buy the rented equipment at the full selling price of the new equipment.

The Supplier shall, at its sole discretion, either insist on the dismantling of the equipment and demand payment of penalties for each day of delay or will issue an invoice to the Client in the value of the new equipment.

64. article

 

When arranging the dismantling of rented equipment from the facilities, the client must comply with the following conditions:

• agreed disassembly time,
• the client is obliged to ensure the dismantling of the leased equipment from the facilities in one place (location),
• The customer is obliged to provide for the dismantling of the largest number of facilities that can be dismantled within the working hours of the supplier, taking into account that the dismantling of equipment from the facility takes an average of one (1) hour per facility.
• To cover the costs of dismantling the equipment and other costs if they have been incurred (travel costs, field fees, etc.), unless otherwise agreed in the contract.

65. article

 

When dismantling the rented equipment, the client is obliged to bear the following costs and fees:

 

• costs of dismantling the rented equipment, according to the price list of the company on the day of the service,
• travel cost and fee for field work of the service technician if the dismantling is performed outside the service locations of the supplier, according to the price list of the company.

 

In addition to the costs referred to in the previous paragraph, in the event of termination of a fixed-term contract under Articles 59 and 60, as well as in other cases where under the provisions of these General Terms and Conditions the supplier has the right to deny access to the contract is concluded, the client is obliged within 8 days from the termination of the contract to pay all obligations that would arise for the client under the contract if there was no early termination.

 

The Client shall pay the fees and costs specified in this Article for all leased user and data packages if the entire lease agreement is terminated or for a certain number of user and data packages it wishes to cancel.

 

DISPUTE RESOLUTION

66. article

The Contracting Parties shall settle all possible disputes amicably. In the event that the parties fail to resolve the dispute amicably, the court in Zagreb shall have jurisdiction.

 

FINAL PROVISIONS

67. article

 

These General Terms and Conditions enter into force on the day of their publication on the website www.alfalogistika.hr.

These General Terms and Conditions apply to service providers with whom the lease agreement has been concluded after the entry into force of these General Terms and Conditions.

ALFA LOGISTIKA reserves the right to change the General Terms and Conditions, in which case ALFA LOGISTIKA will inform the clients in writing or electronically about the intended changes and their right to terminate the contract, no later than the publication of these changes on the website www.alfalogistika.hr.

In the event of changes to these General Terms and Conditions, they will begin to apply to existing customers within 30 days from the date of their publication. If the changes are solely in favor of the contracting authority, they will apply to existing contracting authorities on the day of publication.

If the changes to the General Terms and Conditions are less favorable for the client than the previously agreed conditions, the client has the right to terminate the contract free of charge within 30 days from the date of publication of these changes.

These General Terms and Conditions enter into force on 01.10.2020. Years.