(pursuant to the Regulation 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services)
These NEOSTAR PLATFORM's General Terms and Conditions (last update: January 19, 2021) enter into force as follows: for new USERS upon their acceptance, while for the existing USERS after expiry of the 15 (fifteen) days’ notice period, counting from the day when revised General Terms and Conditions of the NEOSTAR PLATFORM are published on the PLATFORM and from the day the notice on the publication of the changed and amended General Terms and Conditions is sent to the USER, whichever comes latter.
The grounds for the decision to suspend the provision of NEOSTAR services, in part or in whole, shall be:
- Failure to comply with the Contract on business cooperation;
- The publication of the services/products of the CONTRACTUAL USER in other means of advertising at a price different from the one that the CONTRACTUAL USER has advertised on the NEOSTAR PLATFORM or through the NEOSTAR PLATFORM
The grounds for the decision to terminate the provision of NEOSTAR services, partly or entirely, shall be:
- Breach of the General Terms and Conditions of NEOSTAR;
- According to the reasonable opinion of NEOSTAR, any action and/or omission of the action and/or modification of the scope of the service or product of the CONTRACTUAL USER which may affect the successful functioning of the NEOSTAR PLATFORM and/or its reputation;
- NEOSTAR PLATFORM CUSTOMERS’ dissatisfaction with the CONTRACTUAL USER in the form of low ratings of the CONTRACTUAL USER on the NEOSTAR PLATFORM (regardless of whether low ratings refer to the failure to fulfill the obligations that the CONTRACTUAL USER has or has had towards the CUSTOMERS of the NEOSTAR PLATFORM arising from their direct business relationships or something else).
Any other restriction
NEOSTAR is not responsible for possible termination of operations of any part of the Internet or for the possible regulation of the Internet in a way that may restrict or prohibit the provision/use of the NEOSTAR PLATFORM or the functioning of its online functions.
Other restrictions on the provision of services/use of the NEOSTAR PLATFORM may be regulated bilaterally through mandatory contracts which will be concluded separately between NEOSTAR and each individual CONTRACTUAL USER, and which shall, respectively, define additional obligations in greater detail which may represent the content of the relationship between NEOSTAR and each CONTRACTUAL USER.
Additional distribution channels and potential affiliate programmes
The CONTRACTUAL USER shall have the right to terminate the business relationship with NEOSTAR before the notice period expires. Such termination shall enter into force on upon the expiry of the notice period.
The CONTRACTUAL USER may waive the notice period from paragraph 3 of this part, by means of a written statement or a clear confirmatory action, at any time after having received the notification pursuant to paragraph 2 of this part.
Within the notice period, placing new goods or services through the NEOSTAR PLATFORM shall be considered clear confirmatory action by which the contracting user waives the notice period.
The notice period referred to in paragraph 3 of this part shall not apply in the following cases:
Clearly visible identity
NEOSTAR ensures that the identity of the CONTRACTUAL USER providing goods or services on the NEOSTAR PLATFORM is clearly visible.
Restriction, suspension and termination
In the event of a restriction or suspension of the provision of the NEOSTAR PLATFORM services to the CONTRACTUAL USER carried out by NEOSTAR, before or at the time restriction or suspension enters into force, NEOSTAR shall provide the CONTRACTUAL USER with a statement of reasons for that decision.
If NEOSTAR decides to terminate the provision of the NEOSTAR PLATFORM services completely to a specific CONTRACTUAL USER, to this CONTRACTUAL USER at least 30 (thirty days) days before termination enters into force, on the cloud by means of the following link: [link], while at the same time sending an e-mail to the CONTRACTUAL USER’s registered address, provides a statement listing the reasons for that decision, allowing the CONTRACTUAL USER access to the material in question that was sent to them personally within the time period (“storability”) and in a way that allows for its unaltered reproduction (“reproduction”) in accordance with the provisions of the Regulation 2019/1150.
The notice period referred to in the preceding paragraph shall not apply if NEOSTAR:
– Is a subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its NEOSTAR PLATFORM services to a given CONTRACTUAL USER in a manner which does not allow it to respect that notice period;
– Exercises its right of termination under an imperative reason pursuant to under national law which is in compliance with Union law;
In cases where the notice period in paragraph 2 does not apply, NEOSTAR shall provide the CONTRACTUAL USER in question, without undue delay, with a statement of reasons for that decision on the cloud via the link: [link], while sending an e-mail to the CONTRACTUAL USER’s registered address, provides a statement listing the reasons for that decision, allowing the CONTRACTUAL USER access to the material in question that was sent to them personally within the time period (“storability”) and in a way that allows for its unaltered reproduction (“reproduction”) in accordance with the provisions of the Regulation 2019/1150.
NEOSTAR ranks the ads on the NEOSTAR PLATFORM according to the following parameters:
- Time when the ads were published so that the ad published later appears above the one published earlier;
Restriction of the offer of different conditions through other channels
Publishing of services/products of the CONTRACTUAL USER in other means of advertising at a price different from the one that the CONTRACTUAL USER has advertised on the NEOSTAR PLATFORM or through the NEOSTAR PLATFORM is considered a reason to suspend the provision of NEOSTAR services.
This restriction does not restrict the CONTRACTUAL USER 's ability to offer services/products under more favorable conditions through other channels, as the uniqueness of the service/ product offer on the NEOSTAR PLATFORM aims to ensure visibility and transparency, and to provide users of the NEOSTAR PLATFORM with a "one-stop-shop" solution, contributing to the improvement of the provision of the respective goods and/or services, the promotion of technological and/or economic development, thus providing proportionate benefits to the users of the NEOSTAR PLATFORM services . Therefore, the aim is to achieve the uniqueness of prices, but without imposing it, in line with the market conditions and free competition.
In no way shall NEOSTAR position one CONTRACTUAL USER in a more favorable position on the NEOSTAR PLATFORM in relation to another CONTRACTUAL USER.
Specific contractual terms and conditions
a) Conditions under which the CONTRACTUAL USERS may terminate the contractual relationship with NEOSTAR with regard to the provision of services through the NEOSTAR PLATFORM:
The Contract on business cooperation shall cease on the last day of the calendar month following the calendar month in which the Agreement entered into force. CONTRACTUAL USERS may notify NEOSTAR of the termination of the Contract on business cooperation by means of a prior written notice of termination sent at least 72 (seventy-two) hours before the date of expiry of the Agreement on business cooperation.
Pursuant to the terms of the Contract on business cooperation:
- Unilaterally, by the CONTRACTUAL USER, with a prior written notification referring to the termination notice period amounting to at least 24 (twenty-four) hours, in the event of:
ü Breach of the Contract on business cooperation caused by NEOSTAR;
ü Failure to meet the conditions set out in Annex 1 to the Contract on business cooperation;
ü Failure to meet the conditions set out in Annex 2 to the Contract on business cooperation.
b) A description of the technical and contractual access, or the absence of such access, information provided or generated by a business user, which they retain after the end of the contract between the provider of online intermediation services and the business user:
After the termination of the business relationship, which is the subject of the Contract on business cooperation, NEOSTAR shall return personal and business information obtained from the CONTRACTUAL USER to the CONTRACTUAL USER on a "durable medium" or "durable data carrier" (e.g. hard disk, memory stick, etc.).
NEOSTAR has the right to store and keep copies of the personal and business information received from the CONTRACTUAL USER even after the termination of the business relationship which is the subject of this Agreement, however, only in accordance with the legal authorities and rights derived from the Contract on business cooperation and the General Terms and Conditions of NEOSTAR.
Access to Data
Description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services.
Internal complaint-handling system
In accordance with Regulation 2019/1150, NEOSTAR establishes an internal complaint-handling system of CONTRACTUAL USERS pursuant to the conditions stated below.
The CONTRACTUAL USER shall have the right to submit a direct complaint to NEOSTAR regarding the following issues:
- alleged non-compliance of NEOSTAR with any obligation laid down in the Regulation 2019/1150 which affects the CONTRACTUAL USER lodging the complaint (hereinafter: THE COMPLAINANT);
- technological issues which relate directly to the provision of NEOSTAR services, and which affect the COMPLAINANT;
- measures taken by NEOSTAR, or behavior of NEOSTAR, which relate directly to the provision of the NEOSTAR PLATFORM services, and which affect the COMPLAINANT.
THE COMPLAINANT may lodge a complaint for the reasons mentioned above in writing and by mail to: NEOSTAR d.o.o., Zagrebačka 117, HR-10410 Velika Gorica or by e-mail: [email protected].
The final decision on the complaints lodged shall be made by an authority consisting of 3 (three) members, of which at least 1 (one) member shall be from the NEOSTAR legal affairs department and 1 (one) member from the NEOSTAR PLATFORM technical support department.
NEOSTAR shall examine the complaint within 15 (fifteen) days from the date of the complaint submission, and take all case-appropriate and necessary measures in order to resolve the complaint.
NEOSTAR shall take into consideration all duly submitted complaints and further measures that might need to be taken in order to appropriately address the concerns arising from the complaint. If the complaints of the COMPLAINANT are unfounded or excessive, NEOSTAR has the right to refuse to act upon such complaint.
NEOSTAR shall try to resolve the complaints submitted by the COMPLAINANT within a reasonable time frame and based on the principles of transparency and equal treatment applied to equivalent situations, and treating complaints in a manner which is proportionate to their importance and complexity.
NEOSTAR shall inform the COMPLAINANT in writing, using plain and intelligible language, of the outcome of the internal complaint-handling procedure upon resolving the COMPLAINANT’s complaint, by sending an e-mail or by sending mail to the address of the COMPLAINANT stated in the complaint itself.
NEOSTAR shall handle complaints submitted by the CONTRACTUAL USERS free of charge.
NEOSTAR shall publish and/or update information containing the total number of complaints lodged, the main types of complaints, the average time period needed to process the complaints and aggregated information regarding the outcome of the complaints at least annually.
In the event of dissatisfaction with the outcome of the complaint, the COMPLAINANT is referred to the mediation procedure, in line with the mediation rules set out in the section “Mediation”.
NEOSTAR, in order to attempt to reach an agreement with the CONTRACTUAL USER on the out-of-court settlement in any disputes between NEOSTAR and the CONTRACTUAL USER arising in relation to the provision of the NEOSTAR PLATFORM services, including complaints that could not be resolved by means of the internal complaint-handling system, hereby designates two or more mediators NEOSTAR is willing to cooperate with:
- Babić dr. sc. Davor, Professor, Faculty of Law, University of Zagreb, Ćirilometodska 4, Zagreb;
- Nagy Tomislav, Attorney Office Nagy, Preradovićeva 10, Zagreb
- Petrović dr. sc. Siniša, Professor, Faculty of Law, University of Zagreb, Trg Republike Hrvatske 14, Zagreb;
Above listed mediators comply with all the requirements set out in Article 12, paragraph 2 of the Regulation 2019/1150 (data in accordance with the list of arbitrators in the procedures with and without international character before the Permanent Arbitration Court at the Croatian Chamber of Economy, which is confirmed at the Assembly of the Croatian Chamber of Economy, 3rd session held on December 11, 2019).
The mediation proceeding is voluntary and NEOSTAR and the CONTRACTUAL USER are obliged to approach all mediation attempts in good faith.
Any attempt to reach an agreement through mediation in order to resolve the dispute pursuant to this Article shall not affect the rights of NEOSTAR and the respective CONTRACTUAL USER to initiate court proceedings at any time before, during or after the mediation procedure.
The mediation process begins upon accepting the proposal for the start of the mediation procedure. The other party must respond to the proposal for mediation within 15 (fifteen) days from the day it received the proposal for mediation.
If the other party does not respond to the proposal for mediation within the period referred to in the preceding paragraph of this Article, the proposal for mediation shall be deemed to have been rejected.
The parties shall appoint mediators by randomly selecting one mediator from the list of mediators with whom NEOSTAR is willing to cooperate.
The mediation shall be carried out in a way that the CONTRACTUAL USER first states its arguments, to which NEOSTAR then responds. NEOSTAR then states its arguments and the CONTRACTUAL USER responds to them. Upon the completion of the presentation of arguments, both parties need to hear out the mediator who states the content of the settlement in accordance with the arguments and counterarguments presented by all the participants in the mediation procedure.
During the mediation procedure, the mediator can meet each of the parties separately, and may convey information and data they received from one party to another party only if the party giving this information and data consents.
Mediation is completed:
– if one party has sent a written statement to the other parties and to the mediator informing them of their withdrawal from the mediation procedure, unless there are two or more parties willing to continue mediation after the withdrawal of one party;
– if the parties have sent a written statement on completion of the procedure to the mediator,
– by the decision of the mediator to suspend the mediation procedure, usually adopted after the parties were given an opportunity to give their opinion about the matter, and because further efforts to achieve a peaceful dispute settlement are no longer purposeful,
– if the settlement is not reached within 60 (sixty) days from the start of mediation,
– By reaching a settlement.
The settlement concluded in the mediation procedure is binding for the parties that concluded it.
If the parties have taken on certain obligations set out in the settlement, they shall be obliged to execute them in timely manner, and such settlement shall be considered enforcement document.
All participants in the mediation process, including the mediator, are obliged to keep all information and data that they learn about during the mediation process confidential.
In court, arbitration or other proceedings, it shall not be allowed to make statements, to propose evidence or to submit other evidence in any form, if such evidence relates to:
– the fact that one of the parties proposed or accepted mediation,
– Statements on facts or proposals that the parties in the proceeding gave,
– the recognition of the application or the facts made during the proceeding, if such observations are not an integral part of the settlement,
– documents prepared exclusively for the mediation purposes, unless it is required by law that their presentation is necessary for the implementation or enforcement of the concluded settlement,
– Willingness of the parties to accept the proposals during the proceeding
– And other proposals suggested during the proceeding.
Exceptionally, the information and data referred to in the previous paragraph of this article shall only be disclosed or used in proceedings before arbitration, court or other government authority for the purposes of evidence only:
– If necessary to protect public order and only under conditions and to the extent required by law, or
– if necessary for the implementation or enforcement of the settlement.
The mediator and the persons participating in the mediation proceeding in any capacity cannot be forced to testify in arbitration, court or any other proceedings regarding the data and information arising from or connected to the mediation procedure.
Anyone who does so in violation of the provisions of this Article shall be liable for the damage caused by their actions.
Initiating the mediation proceeding will cease the statute of limitations.
If the mediation proceeding is completed without the conclusion of settlement, it shall be considered that there has been no termination, unless the parties file a complaint or take another action before the court or other competent authority, within 15 (fifteen) days of the completion of the mediation. In this case, it shall be considered that the statute of limitations has been suspended at the moment of the mediation procedure start.
NEOSTAR shall bear a reasonable portion of the total mediation costs in each particular case. The reasonable portion of these total costs shall be determined based on the proposal of the mediators, taking into account all relevant elements of a specific case, in particular the relative merits of the claims of the parties in the dispute, the conduct of the parties and the size and financial power of the parties in relation to each other.