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TERMS AND CONDITIONS FOR USE OF NEOTV

NeoTV is a television service that uses an IP network to transmit television, audio, video and other media signals, i.e the signal is transmitted through the Internet connection of the Subscriber. The NeoTV service can be exclusively applied across the territory of the Republic of Macedonia.

Neotel undertakes to provide the Subscriber with quality public electronic communications services in accordance with the Law on Electronic Communications (hereinafter: ECA), the Law on Audio and Audiovisual Media Services and the relevant acts. Signing of a Standard Subscription Agreement (hereinafter: the Agreement) is required in order to use the NeoTV service, in accordance with the terms specified in the General Terms and Conditions of the Operator. As a precondition for using the NeoTV service, the Subscriber must own a broadband internet connection (Ethernet or wireless). By signing the Subscription Agreement for the use of the NeoTV service, Neotel provides its subscribers with a username and password to create their own profile for the use of the services. The same profile can be accessed by the Subscriber from several smart devices (tablet or smartphone) simultaneously, as well as from one personal computer. The Subscriber is solely responsible for the smart device handling. If the Subscriber cannot remember the username or password, or if the Subscriber’s personal account has been violated, the Subscriber should immediately call and report the matter to the Neotel Technical Support Service. Neotel will not be liable for any unauthorized or false login by the Subscriber on behalf of another natural person or legal entity or in case of the password being shared with third parties.

The Subscriber must ensure the proper functioning of the terminal equipment for the NeoTV service, in accordance with the User Manual. The device for monitoring the NeoTV service (Set Top Box) also offers the possibility for wireless WIFI internet setup, but in order to avoid possible issues that may occur due to the poor quality of the Wi-Fi network, which would in turn directly affect the TV service broadcast quality, NEOTEL recommends its Subscribers to connect the device via Ethernet.

The Subscriber shall independently select the desired package. For the duration of the subscription, the Subscriber can make changes to the selected user package, but to subscribe only from a smaller package in size to a larger package. The Subscriber can, at any time (if permitted by the selected package) activate/deactivate additional TV packages or sign up additional devices, for which an additional Annex to the Agreement will be signed. The number of devices that can simultaneously use the service depends on the selected subscription package. The NeoTV service may be used solely for personal and non-commercial use. The NeoTV service has various advantages as follows: by using the NeoTV service, the Subscriber can watch TV content on several smart devices (TV sets, smartphones, tablets, etc.), (Multiscreen); can record a live TV program for later vieweing (Time Shift); can pause live broadcasts; can record shows of choice; adaptive streaming i.e. adjustment to network conditions (Adaptive Streaming); interaction with Youtube, Facebook, Twitter; use of an internet search engine and android applications available on Google Play Store, as well as many other advanced functionalities. Time Shift, pausing live shows and recording shows of personal choice, may apply only to content in respect of which Neotel has secured copyright. NeoTV also allows for a “Parental Control” option, enabling the Subscriber to control access to the channels by setting up a PIN code. Apart from the aforementioned advantages, no rights, such as ownership or copyright, shall be transferred to the Subscriber.

TV channels are available in the program packages set up by Neotel, which differ in number, content, type and the manner of transmission to Subscribers. All TV channels available to the Subscriber according to the selected package are listed on the official website of the Operator https://neotel.mk/tv-kanali/. Depending on the selected package, the Subscriber receives options for additional services, for which the Subscriber is required to pay an additional monthly fee according to the applicable Neotel Tariffs List. In the Annex to the Agreement, Neotel gives a list of all TV channels which are mandatorily provided to the Subscriber. All remaining TV channels are considered additional channels, i.e represent an additional program package, which is subject to additional charges by Neotel. Neotel has the right to change the number and type of TV channels (to cancel channels or add new ones) that are available at a certain time to the Subscriber, depending on market conditions, applicable regulations, decisions of competent authorities, and duration of agreements concluded with the retransmission right holders, without prior notice to the Subscriber. All TV channels retransmitted by Neotel are registered with the Agency for Audio and Audio-Visual Media Services of the Republic of Macedonia. In addition to the device received by the Subscriber, and the NeoTV service, the Subscriber gets the opportunity to use other applications. Neotel will not be responsible and held liable for the use of such other applications. If the Subscriber uses portable devices within the NeoTV service device, Neotel will not be responsible and held liable for any potential loss of data thereon.

The NeoTV service shall not interfere with the contents of the broadcast channels, shows, movies, or other content and shall bear no responsibility for any inappropriate translation thereof, as well as for any foreign advertisements broadcast therein.

Content retransmitted through the NeoTV service shall not be archived outside the functionality of the application itself, neither reproduced, distributed, modified, removed, excluded, prevented nor to have the NeoTV content be offered for sale or rendered to third parties. Also, the Subscriber shall have no right to perform any software, hardware or other activities that are detrimental and would lead limit the functionality of the NeoTV service. If the Subscriber fails to comply with the above rules, the use of the NeoTV service shall be denied and the Subscriber shall be accordingly legally sanctioned.

The content is strictly prohibited from being publicly displayed, transmitted, recorded, or processed in any way. Neotel reserves the right to terminate or restrict access to part or all of the services, without prior consent or notification to the Subscriber, insofar as the obligations in accordance with this Manual, the Subscription Agreement, the Electronic Communications Act, and the respective applicable regulations have been violated. Also, Neotel will suspend or limit the services made available to the Subscriber, provided that the legal provisions and regulations by the competent authority have been breached.

Neotel reserves the right to update the NeoTV software at any time. For that, the Subscriber will receive a duly notification.

The quality of the NeoTV service can be affected by several factors, such as the location of the Subscriber, the free bandwidth available, i.e the current speed of the Internet connection of the Subscriber, the device used for viewing etc.

The NeoTV service uses the available bandwidth of the Internet connection of the Subscriber. In cases when the Subscriber uses NeoTV and elsewhere generates additional internet traffic, such additional internet traffic will be affected by the high quality of retransmission of the channels (HD). Peer-to-peer networks have a consume more of the Internet connection (for example a torrent), and thus a greater influence on NeoTV, i.e if the Subscriber simultaneously downloads large files/data from the Internet on which NeoTV is plugged, such action may reflect on the quality of the screening (the signal may stop, be interrupted, failure to display, black screen, etc.).

Neotel shall not be held responsible for the quality, i.e interruption or any intermittent transmission of the service, if the Subscriber provides internet from another Operator or such intermittent broadcast is caused by a defect between the exit port of the equipment of the network endpoint and the terminal device of the Subscriber. The Subscriber’s internal network installation is not the responsibility of Neotel and the Subscriber shall be solely responsible for its operation and maintenance.

The NeoTV service offers automatic adjustment of the quality of the streams depending on the current Internet bandwidth of the Subscriber, however, if the free bandwidth is poor, the service will not be accessible to the Subscriber.

For any service issues, the Subscriber can contact the Neotel technical support service (02/55 11 111) to report any technical issues. When reporting an issue with the service, the Subscriber should provide the following information regarding the issues that may arise: time of occurrence of the issue, which channels or content are affected by the issue, brief description of the issue, status of internal device connection.

NeoTV APPLICATION

In order for the Subscriber to be able to follow the NeoTV service on multiple smart devices (smartphones and tablets), the device needs to be connected to the Internet (mobile internet, cable internet, wireless connection (Wi-Fi) or Hotspot). This does not apply to services which, as has been mentioned, cannot be used on multiple devices.

The possibility to watch NeoTV service is accessible through the website https://live.neotv.mk/ or through the mobile application which can be downloaded for free from the App Store (for the iOS operating system users) or from the Google Play Store (for the Android operating system users). In cases when the Subscriber uses the NeoTV application on own smart devices or outside the Neotel network, the Subscriber shall be solely responsible for the costs of the internet access. Also, Neotel shall not be liable for the unwanted internet traffic that occurred as a result of spam, viruses, pop-up ads, and the like.

INTELECTUAL OWNERSHIP

All NeoTV content is the exclusive property of Neotel and are used with the express approval of copyright holders as well as trademark and/ or design rights holders. Any copying, distribution, transmission, publication or alteration of NeoTV content without prior written consent of and approval by Neotel shall be strictly prohibited. Any breach of the Terms of Use may result in litigation or criminal prosecution against the perpetrators for infringement of copyright, trademark or any other intellectual property right. PRIVACY AND CONFIDENTIALITY The Subscriber shall be personally responsible for the protection and confidentiality of his/her own password. More information on the storage, processing or protection of Subscribers’ personal data can be found in the Privacy Policy published on the Neotel website.

FINAL PROVISIONS

Neotel shall reserve the right to change these Terms and Conditions of Use. All changes thereof shall be made public on its website www.neotel.mk and in all points of sale.

The afore-mentioned Terms and Conditions, together with the Neotel General Terms, the official Neotel Tariffs List and the NeoTV User Manual form an integral part of the Agreement. Neotel and the Subscriber must fully comply with the provisions set out in the said documents.

These Terms and Conditions shall apply from 01.01.2017.

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