General Terms and Conditions for use the e-JN information system
I. Introductory Provisions
Article 1 (General)
I. The General Terms and Conditions for use of the e-JN information system (hereinafter: General Terms and Conditions) serve to lay down the general rules of operation of the e-JN information system and the conditions for its use. The content of the General Terms and Conditions represents a legally valid and binding agreement between the administrator and users of the e-JN information system.
The Ministry of Public Administration is the owner and creator of the e-JN information system and avails itself in its entirety of the e-JN information system, and provides it to users for use under the conditions laid down in these General Terms and Conditions, in accordance with the Instructions for using the e-JN system for use of the functionalities of electronic submission of tenders in the e-JN system, Instructions for using the e-Dossier application and in compliance with the valid legislation.
The General Terms and Conditions apply to all users that in any way use the e-JN information system.
Article 2 (Rules of Use)
The e-JN information system is composed of:
1. Functionality for electronic submission of tenders,
2. Functionality for verification in official records (e-Dossier),
3. Functionality for ordering products (e-Catalog).
Article 3 (Definition of Terms)
The individual terms used in these General Terms and Conditions shall have the following meanings ascribed to them:
• The e-JN information system is an information system in the public interest that provides for the conducting of public procurement procedures in a fully electronic way, from the proposition to start the procurement procedure to the conclusion of the procedure and ordering of individual items through a catalogue. Operating within the e-JN information system are several different functionalities, which enable performance of specific phases in the public procurement procedure.
• The functionality for electronic submission of tenders is an electronic communication tool that enables contracting authorities and economic operators to use electronic communication in order to communicate and exchange information, in particular the electronic submission and receiving of tenders and requests to participate in procedures for awarding public contracts, in accordance with Article 37 of the ZJN-3 , and represents part of the e-JN information system.
• The functionality for verification in official records (e-Dossier) is an information system, created in accordance with Article 77 of ZJN-3. The purpose of this functionality is electronic verification of candidates, tenderers, subcontractors, contracting partners and other economic operators in several official records. The manner of creation, administration and upkeeping of the e-Dossier functionality, the manner, choice and dynamics of obtaining data from official records and of securing the privacy of personal data and determining the right to access the data is done in accordance with “Rules on the single information system for public procurement” .
• The functionality for ordering products (e-Catalog) enables electronic ordering of products via the functionality, thus simplifying and shortening the ordering procedure, enabling clarity of orders and shortening the time needed to prepare and execute the order.
• The administrator of the e-JN information system is the Ministry of Public Administration (hereinafter: the administrator), which ensures the smooth functioning of the system.
• A user of the e-JN information system is any individual (registered or unregistered user) that in any way uses the e-JN information system.
• A registered user of the e-JN information system is any individual that is registered in the e-JN information system and has been allocated user rights and the user role.
• An unregistered user of the e-JN information system is any individual that uses the e-JN information system without registration and within the scope to which unregistered users are entitled.
• The Main Administrator is a person employed by the administrator that allocates rights to the holder and administrator of rights of the contracting authority and to the users of the functionality e-Dossier.
• The contracting authority is an entity that awards a public contract and to that end uses the e-JN information system.
• An economic operator is an entity that uses the e-JN information system for the purpose of reviewing and submitting tenders and participating in a specific public contract.
• Registration means the first registration in the e-JN information system and is performed in the prescribed way by any person that wishes to become a registered user.
• Login means each login of an individual registered user for the purpose of using the e-JN information system.
Article 4 (Content and Services Provided by the e-JN Information System)
The e-JN information system in using the functionality of electronic submission of tenders provides the contracting authority with the possibility of preparing a public contract, publishing the public contract in the e-JN information system, amending, suspending or stopping the public contract, reviewing received requests to participate and tenders, inviting tenderers to negotiate, creating calls to supplement or clarify tenders and the conclusion of the public contract in the e-JN information system.
The e-JN information system, in using the functionality for verification in official records, provides the contracting authority with the possibility to verify economic operators in accordance with Articles 67.a and 75. of the ZJN-3 and Article 32. of the ZJNPOV .
The e-JN information system in using the functionality for ordering products provides the contracting authority with the possibility to report its needs and order products on the basis of completed public procurement procedures.
The e-JN information system provides economic operators with the possibility of participating in current public contracts that are published openly, receiving calls for competition from contracting authorities for public contracts that are not published openly, preparing tenders, electronic submission of tenders, accessing the minutes of the tender-opening session, submitting new tenders, receiving calls to supplement and creating supplementations of tenders submitted.
Article 5 (Publication of Public Procurement Notices)
The functionality of electronic submission of tenders does not replace the obligatory publication of information on the public procurement portal site https://www.enarocanje.si/.
By enabling the submission of tenders via the e-JN information system, the contracting authority thereby fulfils the conditions under Article 37 of the ZJN-3, whereby use of the e-JN information system is not obligatory, and the contracting authority may at its own discretion use another means of electronic communication that complies with Article 37 of the ZJN-3.
Article 6 (Use of e-JN Information System)
Unregistered users of the e-JN information system can use part of the free services and functionalities that do not require logging into the system. Use of other services and functionalities of the system is restricted or closed to unregistered users.
Registered users can use all services and functionalities of the system free of charge, in accordance with their allocated rights depending on their user role.
Article 7 (Technical Characteristics)
The e-JN information system ensures the compliance of the technical characteristics of the information system with the requirements of paragraph 10 of Article 37 of the ZJN-3.
Technical characteristics of the functionality for verification in official records are in accordance with paragraphs nine to twelve of Article 77 of the ZJN-3 and in accordance with “Rules on the single information system for public procurement”.
Article 8 (Registration and Login Procedure)
For the use of all functionalities of the e-JN information system registration in the system is required. Registration takes place via the SI-PASS system, which is the single point for verifying the identity of various entities, owned by the Ministry of Public Administration. The general rules of operation and rules of use are laid down in the SI-PASS system conditions of operation. Registration is once only and is free.
The manner of registration differs depending on the user role. During registration, the user identifies itself using a certificate from point 18 of Article 2 of Electronic Business and Electronic Signature Act (hereinafter: digital certificate) except for statutory representatives of a legal entity with a registered seat in the Republic of Slovenia whose digital certificate must be entered in the Record of digital certificates, kept by the Agency of the Republic of Slovenia for Public Legal Records and Related Services (hereinafter: AJPES).
In cases where confirmation of user rights by the administrator is needed (for example with “registration of the authorised representative of a natural person or sole trader” or “registration of companies with registered offices outside the Republic of Slovenia”), the administrator confirms the rights no later than at the end of the next working day, following the day when the user requested the rights.
Precise instructions for registering and logging in to the e-JN information system are given in the Instructions for using the e-JN system for use of the functionalities of electronic submission of tenders in the e-JN system and in the Instructions for using the e-Dossier application, which are published on the e-JN information system website.
For each login into the e-JN information system user needs the digital certificate used during registration. The right to use the functionality e-Dossier can be acquired only by employees with the contracting authority that own a qualified digital certificate.
Article 9 (Communication in the e-JN information system)
All communication, exchanged through the e-JN information system, is primary delivered with messages within the e-JN information system, secondary also via the e-mail address(es) entered as contact e-mail addresses when the document was sent.
When accepting these General Terms and Conditions user agrees that all communication between the contracting authority and the economic operator after the submission of each document will be executed via the contact e-mail address, entered by the user when submitting the document. In case of dispute the contracting authority must prove only that the message has left his electronic delivery system which passed the message to the relevant e-mail addresses.
Each user agrees to regularly follow its messages in the user profile of the economic operator in the e-JN information system and his contact e-mail address.
Article 10 (Due Diligence to Store Data)
Registered users must safely store data that allows them to log in to the system, including digital certificates, and may not disclose such data to third parties for use or to enable them to access the e-JN information system. Registered users shall be liable for any damage caused either indirectly or directly because of unauthorised third parties using their access to the e-JN information system.
Login details serve as a unique identifier of the registered user. The person logging into the e-JN information system shall be deemed to be the person whose data are stated in the application for registration, and their data shall be deemed to be complete and accurate. Users are responsible for all activities done in the e-JN information system while they are logged in using their login data.
If a registered user suspects that their log in data have been misused, they must notify the administrator in the shortest time possible.
Article 11 (User roles)
A registered user on the part of a contracting authority or on the part of an economic operator may have a different selection of user rights, allocated to their user role in the e-JN information system or in each of the functionalities.
User roles are described in Instructions for using the e-JN system for use of the functionalities of electronic submission of tenders in the e-JN system.
The Main Administrator will allocate rights to use the functionality e-Dossier to all users, who are already registered to the e-JN information system and who were registered to the pre-existing version of e-Dossier, available on https://ejn.gov.si/e-dosje without delivering a new “Request to allocate rights to users to verify economic operators in e-JN information system– e-Dossier”, since he already has at his disposal the old request, delivered for the registration to the pre-existing application.
Article 12 (Functioning of e-JN Information System)
The system refreshes data according to the principle of time of receipt of individual piece of data (data that arrive first in the system are processed first).
The official time on the basis of which deadlines start to run for specific actions in the public contract awarding procedure shall be deemed to be the time set in the e-JN information system (i.e. the server time).
Documents are posted in the e-JN information system in digital form and may not exceed 200 MB per individual file or a joint total of 300 MB per individual procedure (due to file size the process of electronic sending of documents can last longer).
Article 13 (Technical Assistance)
In the event of difficulties or questions, users can send a message to the e-mail address email@example.com or telephone 080 2002. The single contact centre is available every day from 8 a.m. to 10 p.m.
Article 14 (Use of e-JN Information System)
Users undertake to use the e-JN information system exclusively for the purpose for which it was established and only in the manner envisaged in regulations and the General Terms and Conditions.
Institution that keeps public records from which the functionality e-Dossier receives data may at any time demand the user to present documentation to prove its right to submit verification requests in the e-Dossier. E-Dossier user must submit the documentation in five working days since the receipt of the request.
Any attempted or actual use of the e-JN information system counter to the General Terms and Conditions or other rules for its use and any attempted or actual abuse may incur the consequence of the administrator preventing a registered user from using the e-JN information system. Such attempted or actual abuse on the part of the user or a third person may also be dealt with as a criminal act.
Users undertake in particular:
– not to use or exploit the e-JN information system for unlawful or unethical purposes;
– not to attempt in an illicit manner or for an illicit purpose to obtain, collect and/or store the data of other users;
– not to copy or distribute files or information that have been uploaded or published by other users of the e-JN information system and regarding which they know or should know that this is counter to the General Terms and Conditions or which in accordance with the law should not be distributed;
– not to use computer codes, malware or any other programmes that could disrupt, incapacitate or damage the e-JN information system, the administrator or their software and hardware;
– not to interfere with the system in any way that could in an illicit manner change, remove or damage published data or content;
– not to deliberately disrupt or interrupt the normal flow of communication between users and the e-JN information system;
– not to exploit the system for false representation, dissemination of advertising material or other unsolicited content;
– in submitting data governed by a special method of protection (personal data, classified information, business secrets), to act with due diligence and to submit into the e-JN information system only those data which they have the right to submit, and which they will use only in the manner laid down in the regulations governing personal data protection;
– to regularly follow their user profile in the e-JN information system, i.e. to regularly login to the information system and verify if new messages were received, in case the alert of a new message was not received on the contact e-mail address due to any reason;
– to state in their user profile a contact e-mail address which they will monitor regularly and to which the information system e-JN, another user or the administrator may send notifications.
Article 15 (submission of tenders and other documents)
The user, who is in the e-JN information system authorised to submit tenders for an economic operator, submits a tender by clicking the “Submit” button. The e-JN information system records the identity and the time of the submission of tender. The user by submitting the tender expresses and states his will to submit a binding tender in the name of the economic operator (Article 18 of the Obligations Code ). With its submission, the tender is binding for the time stated in the tender except if the user withdraws or changes it before the time for submitting the tenders has expired.
The user may also submit other legally binding documents through the e-JN information system, for example submission of request to participate, submission of clarification or supplementation of tender based on contracting authority’s request, etc. For submitting these documents, the same rules apply.
Article 16 (Consequences of Violations for Users)
Owing to violation of the General Terms and Conditions and other rules of use and owing to any other action that is unlawful or detrimental to third parties, the administrator may temporarily or permanently block access to and use of the e-JN information system for an individual user without prior warning.
If a user’s actions cause any kind of damage to the administrator or a third party, the user shall be held fully liable morally, materially and criminally.
Article 17 (General Obligations and Ongoing System Maintenance)
The administrator shall be responsible for the ongoing smooth operation of the e-JN information system. In order to provide users with the best user experience, the administrator shall work to ensure constant upgrading of the system. Use of and access to the system are generally guaranteed 24 hours a day, every day of the year.
The administrator reserves the right to suspend access to the system for technical reasons, maintenance reasons like replacement of software or hardware and so forth. Suspension of operation will, wherever possible, take place at a time when services are not provided (generally on non-work days or at night).
The administrator reserves the right to change individual programme functions of the e-JN information system without prior notice.
Article 18 (Administrator’s Disclaimer)
The administrator does not check data entered in the e-JN information system and accepts no liability for the accuracy or nature of the data entered in the e-JN information system by individual registered users. Economic operators and contracting authorities or registered users shall be responsible in using the e-JN information system to act in accordance with the principles and rules valid in the Republic of Slovenia (principle of conscientiousness and fairness, principle of a good manager, protection of personal data and business secrets and so forth).
The administrator accepts no liability for any damage caused to anyone by use of the e-JN information system.
In justified cases, on its own initiative or upon notification by an individual user, the administrator reserves the right to change or remove a post or information that might be counter to the valid regulations, especially for instance of a defamatory or misleading nature. The administrator shall generally not interfere with any published procurement documents, tenders or other documents uploaded into the system, and accepts no liability for their content.
Article 19 (Non-Functioning of e-JN Information System)
Since this is a complex information system, it is impossible to completely rule out the possibility of faults in the operation of both hardware and software. The administrator offers no guarantee of access to the e-JN information system, especially upon possible outages in networks or any other outages, faults, other technical disruptions or interruptions of operation by third parties or by connected information systems (electricity supply, electronic signing, etc.) and force majeure. In the event of an interruption in the operation of the e-JN information system, the administrator will work to ensure the shortest possible down time and shall re-establish operational status in the shortest possible time.
The administrator accepts no liability for indirect or direct damage that might be incurred by anyone owing to technical difficulties or non-functioning of the e-JN information system or connected information systems (SI-PASS).
WARNING FOR ECONOMIC OPERATORS
Article 20 (Documentation Storage)
All documents submitted into the e-JN information system by registered users will be stored in the e-JN information system for a maximum of six months from the conclusion of the procedure in the e-JN information system. After the expiry of that period, documents will be deleted, regarding which the registered user that created the public contract will be notified in advance via the e-mail address given upon registration.
Metadata on submitted documents will not be deleted from the system.
Appropriate archiving of documentation on public procurement procedure is the exclusive responsibility of the contracting authority, and the administrator does not provide such archiving and accepts no liability for it.
Article 21 (Acquiring Data)
The e-JN information system is linked to publicly available data in the Business Register of Slovenia. The functionality e-Dossier uses tools to electronically obtain information from official records, listed in Article 3 of “Rules on the single information system for public procurement”. The data are obtained following the requests of contracting authorities and the records concerning minor offences on employment relationship and undeclared employment are not interconnected with the functionality e-Dossier.
Article 22 (Personal and Other Data Protection)
The administrator carefully protects all data submitted into the system by registered users, both upon registration and while using the system.
The administrator does not check, monitor or in any other way process data submitted by users into the e-JN information system, and where a specific type of data (personal data, classified information, business secrets) is subject to a special method of protection, responsibility for this and for the careful processing of such data lies with the registered user, who may submit into the e-JN information system only those data which they have the right to submit, and which they may use only in the manner laid down in the regulations.
Article 23 (Joint Controller Agreement)
Users may during the registration or usage of the system enter some personal data in the e-JN information system. This data can also be accessed by the administrator. When confirming these General Terms and Conditions which serve as a contract, concluded between the administrator and the user, the user in its name and in the name of the entity for which he uses the e-JN information system concludes a Joint Controller Agreement on data, submitted to the e-JN information system, made on the basis of Article 26 of the General Data Protection Regulation .
The user agrees that the administrator may conclude a contract with a processor who will be able to access some data for the purpose of technical maintenance of the information system. The administrator and the processor will conclude a Data Processing Agreement in which they will determine the obligations of the processor with regard to the controller, the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller.
Article 24 (Purpose of Processing of Personal Data)
The e-JN information system is an information system in the public interest that provides an electronic support to public procurement procedures and follows the strategic goals of providing efficient and simple public procurement procedures of quality.
The purpose of processing personal data in the e-JN information system is to have data on users of the system at the Ministry’s disposal. For the purpose of legal security and the functioning of the e-JN information system its users must be determinable individuals with provable identities. The basic purpose of the functionality of electronic submission of tenders is the exchange of information and documents in the public procurement procedure. These can include personal data on users or third parties. The Ministry does not process that data other than store it in the e-JN information system.
The e-JN information system contains the following personal data:
a) general data on your user account and
b) information communicated together with the documentation users uploaded to the e-JN information system.
Article 25 (Manner of Safekeeping)
Users access the e-JN information system through a secure connection, which ensures the protection of privacy and of any data submitted. All communication between the registered users and the e-JN information system is encrypted.
All the prescribed procedures and measures to protect personal data and prevent unauthorised processing of such data are in place, thereby ensuring:
– the security of premises, equipment and system software,
– protection of the application software used to process personal data,
– prevention of unauthorised access to personal data during their transfer (including via telecommunication channels and networks),
– subsequent identification when the specific data were used or entered in the personal data filing system, and who performed these actions,
– conclusion of data Processing Agreement with the current processor who offers technical maintenance of the system,
– all known security risks in the information system are promptly fixed,
– the use of the clean desk and desktop policy.
Article 26 (Application of General Terms and Conditions)
Registered users are bound by these General Terms and Conditions when during the registration they confirm they have read them and agree with them. When the General Terms and Conditions change, registered users are bound by them when they agree with them on the next login after the change.
At the moment of the start of use of the information system, unregistered users agree to these General Terms and Conditions, which are published openly and accessible on the e-JN information system website.
Article 27 (Protection of Copyrights and Other Intellectual Property Rights)
Users of the e-JN information system shall be bound to abide by the provisions of the regulations governing copyrights and related rights, intellectual property rights and the right of access public information.
The e-JN information system and all of its integral parts are protected, taking into account copyrights and the rights of database creators. Use of the e-JN information system contrary to the General Terms and Conditions may signify a violation of these rights and the violator may be held liable in accordance with the valid regulations.
Users may not change, copy or in any other way reproduce, re-publish, send by mail or in some other way use and disseminate the e-JN information system as a computer programme or database either for commercial or non-commercial purposes without the express prior written consent of the Ministry of Public Administration.
Article 28 (Subsidiary Use)
Specific issues and cases not addressed in these General Terms and Conditions shall be subject to the valid rules of the act regulating electronic commerce and electronic signatures, the code of obligations and other regulations valid in the Republic of Slovenia.
Article 29 (Settlement of Disputes)
Any disputes arising from a violation of these General Terms and Conditions shall be resolved amicably. Where this is not possible, the court in Ljubljana shall be competent to resolve the dispute.
General Terms and Conditions are originally written in Slovene and translated into English. In the event of any dispute in relation to this General Terms and Conditions the Slovene text shall prevail for the purposes of interpretation.
Article 30 (Entry into Force)
These General Terms and Conditions shall be valid from 6 May 2019 onwards.
The administrator may amend or supplement the existing General Terms and Conditions without prior notice or the consent of users. Registered users will be notified about the change during their next login into the e-JN information system. If a registered user will not agree with the changed General Terms and Conditions, further use of the e-JN information system will not be possible.