1.1 Pursuant to the present indefinite term Contract, XFERA MÓVILES, S.A.U. (“YOIGO”), with tax number (C.I.F) A-82528548 and registered office at Alcobendas (Madrid), Avda. de la Vega, 15 (28108), shall render its publicly available mobile telephone services and, where appropriate, electronic and value-added communication services (the “Service”) to the Customer.
1.2 The telephony devices that may be sold together with the Service may be fitted with the SIM-LOCK mechanism so that they are only usable with the Service rendered by YOIGO. The Client may request the unlocking of the device in accordance with the procedure established by YOIGO for the purpose.
2.1 YOIGO undertakes to begin providing the service within a maximum of fifteen (15) days as of the signature of this Contract.
2.2 In order to provide the service, YOIGO shall issue the Customer with full information about the tariff contracted, along with a User Manual and a SIM card (the SIM Card) which the Customer must insert in a compatible telephone device.
2.3 The Customer may use the SIM Card exclusively to access the Service and solely during the period in which the Service remains active according to the provisions of this Contract. Moreover, the Customer is obliged to return the SIM Card to YOIGO in the event that YOIGO informs them that this is necessary or advisable in order to replace it for technical reasons or to enhance provision of the Service.
2.4 The Service will be activated automatically at the time when the SIM Card is handed over to the Customer.
3.1 The Customer undertakes to use the Service in accordance with these general terms and conditions and the regulations in force. In all cases, YOIGO places the Services at the disposal of the Customer for exclusively personal uses as the end customer and, in view of this, the Customer undertakes not to use the services for commercial purposes, either directly or indirectly.
3.2 The Customer undertakes to make reasonable use of the service. Voice services may solely be used for telephone conversations, and shall not be employed for other uses, for example as a baby monitor, walkie talkie or similar.
The SIM card may only be use in mobile devices. The use of SIM cards in telephone exchanges, SIM boxes, public phone centres or any other device creating high-density traffic involving bulk calls, call routing services or artificial traffic generators is expressly prohibited.
Under such circumstances, Yoigo shall have the right to terminate the Contract or temporarily suspend the affected Service until it is possible to clarify the circumstances of unreasonable use of the Service, or change the Customer’s tariff, subject to prior notification of the Customer. In the event of the aforementioned tariff change, the Customer may terminate the Contract concerning the specific Service in question in accordance to the terms and conditions of that Contract.
The fees and rates in force at any given time for each contracted tariff shall apply to the voice and data traffic consumed by the Customer. The Customer has been duly informed of the applicable fees and rates, as well as the rules applying to such fees and rates, which are set out in the explanatory document containing information on the relevant tariff issued to the Customer. Up-to-date information on all of these may be consulted by accessing the YOIGO website at www.yoigo.com or by calling Customer Care on 622 (from the YOIGO network) or 622 622 622 (from other operators’ networks).
5.1 YOIGO will invoice the amounts payable by the Customer for the Service provided in accordance with the tariff contracted on a monthly basis. For tariffs including a minimum spend, in addition to the cost of the Customer’s real consumption, YOIGO will invoice the Customer for the difference between their real consumption and that of the minimum spend. Any fees and items specified in the conditions of the rate contracted will be included in this minimum spend.
5.2 In the event that it is not possible to invoice the Customer in the period immediately subsequent to the accrual period as a result of technical difficulties, YOIGO may invoice the amounts outstanding in subsequent periods. Furthermore, in the case of calls or call forwards made outside Spanish territory, billing will take place as of the time when the foreign operator communicates to YOIGO the amount corresponding to such calls or forwards.
5.3 If the tariff contracted has an initial connection fee, this will be charged once as payment for connection to the Service and the relevant sum included on the first invoice.
5.4 Subject to prior notification of the Customer, YOIGO may advance the invoicing and collection of accrued amounts in the event that (I) the Customer exceeds the credit limit set by YOIGO, (II) the Service is subject to a suspension or disruption, or (III) the Contract is terminated for any reason.
5.5 The amount of each invoice shall be paid by the Customer by direct debit or, at the Customer’s request, by bank transfer, payment at a cash machine, over-the-counter bank payment or payment by card.
5.6 Invoices unpaid on their due date will accrue default interest equal to the legal interest rate increased by two percentage points and an administration fee of a maximum of €6.05 (including VAT).
5.7 The Customer shall have the right to receive detailed invoices. The level of detail available is that established in article 22.2 of the charter of customer rights concerning communication services as approved by Royal Decree 899/2009 of 22 May 2009. In return for providing this level of detail, YOIGO may request that the Customer pay a monthly fee of €1.21 (including VAT). In the event that YOIGO decides to charge this monthly fee, the Customer must be offered, with at least one (1) month’s notice, the option of choosing to stop receiving detailed invoices.
5.8 Calls made to the short numbers assigned to emergency service calls shall be free of charge. In accordance with the law in force, YOIGO shall provide information about call location for such emergency services calls to the authorities providing these services.
5.9 YOIGO will issue a monthly electronic invoice and place it at the disposition of the Customer in the Mi Yoigo section of www.yoigo.com or the application Mi Yoigo. The Customer shall have the option of choosing to receive paper invoices at any time by calling 622.
6.1 The Customer may request that YOIGO disconnects them from international call services, higher rate services and additional rate services with open access via the Customer Care Service.
6.2 Disconnection shall take place within the ten (10) days following the Customer’s request. In the event that, for reasons not attributable to the customer, disconnection does not take place within the said ten-day period, YOIGO shall be responsible for covering the costs arising from the service whose disconnection was requested.
7.1 Should the Customer fail to pay any outstanding amounts in whole or in part, YOIGO shall be entitled to restrict outgoing calls and/or to suspend the Service. YOIGO shall re-establish the Service on the working day following the date on which it receives evidence that the amounts outstanding have been paid. YOIGO shall be due payment of a maximum of €18.15 (including VAT) for the reestablishment of the Service.
7.2 YOIGO may also restrict outgoing calls and/or suspend the Service in the event of any use not stipulated in these terms and conditions, or in the event of a failure to provide security as requested by YOIGO in accordance with clause 11.
7.3 In the event of suspension of the Service, the Customer shall still be able to make calls to the emergency service number 112.
8.1 YOIGO shall render the Service subject to obligations concerning quality stipulated in the law in force. The telephone number 622 and the e-mail address firstname.lastname@example.org are made available to the Customer by YOIGO to resolve any incidents and as warranty for service maintenance.
8.2 In the event of temporary disruption to the Service, the Customer shall be entitled to automatic compensation on their next invoice for an amount equivalent to the higher of the following two (2) amounts, provided that either amount exceeds €1:
8.3 In the event of temporary disruption to the Service for reasons of force majeure, YOIGO shall compensate the Customer by automatically returning the monthly fee and other fees, irrespective of traffic, prorated for the duration of the disruption.
8.4 In the event of any disruption to the mobile Internet service, YOIGO shall compensate the Customer by returning the monthly fee for the said service, prorated for the duration of the disruption. If the disruption lasts more than six (6) hours between 8 am and 10 pm, compensation will be paid automatically.
8.5 Additionally, YOIGO undertakes that, except in the case of force majeure, disruptions to the service shall not exceed eight (8) hours during each billing cycle. In the event that a disruption lasts more than eight (8) hours, the amount of compensation provided for in clause 8.2 above shall be doubled. In such cases the Customer must submit their claim for compensation to YOIGO’s Customer Care Service Department within the month following re-establishment of the service. Should compensation be due, YOIGO shall proceed to pay it by means of a discount applied to the following invoice.
8.6 No damages shall be payable for disruption to the Service as a result of serious breach of contract by the Customer or damage to the network as a result of the Customer having connected devices whose suitability has not been evaluated in accordance with the regulations in force.
9.1 The maximum speed of services involving internet access shall depend on the number of MB stipulated in the tariff contracted. The maximum speed shall be reduced when the Customer reaches the maximum volume stipulated in their tariff during any particular billing cycle.
The maximum speed shall be restored when the next billing cycle commences. Speeds will also depend on the capacity of the mobile telephone device used, as well as the coverage available. The website www.yoigo.com shall make available to the Customer at all times precise information concerning estimated maximum and advertised speeds, downlink and uplink speeds.
9.2 The Service quality may be affected by the execution of procedures employed by YOIGO to measure and manage traffic with the aim of avoiding blocking or saturating network links.
9.3 YOIGO may apply measures to control the volumes of traffic generated by its Customer with the aim of managing and controlling the size of its network, and ensure the security and quality of the Service provided.
9.4 In the event of any incidents involving security, the integrity of the network, or threats or weaknesses in that network, YOIGO shall adopt the necessary measures in accordance with the event in question in order to resolve such incidents as quickly as possible and restore security.
10.1 Personal data supplied in this contract, together with such data to which YOIGO should have access in performance of the contractual relationship, shall be added to files belonging to YOIGO and registered with the Spanish Data Protection Agency. YOIGO will make use of the Customer’s personal data to provide and manage the Service, along with Added-Value Services, as well as send the Customer communications related to improvements or updates to the services provided.
10.2 Unless the Customer marks the box specifically provided for this purpose in the initial contract, the following shall apply:
Traffic and location data may be used by YOIGO to provide the Customer with the value-added services requested, to the extent and for the period required in order to provide said services. The Customer can request the deactivation of this data use at any time.
YOIGO may use the Customer’s traffic and location data in an anonymous, aggregated manner for the purposes of statistics and in order to have information on the functioning of the network in order to guarantee its efficient functioning and develop new functions.
10.3 The Customer may revoke their express consent to this general condition and at any time exercise their rights of access, rectification, cancellation and opposition provided in the law in force, by sending notice thereof in writing to YOlGO’s registered offices at Avda. de la Vega, 15, 28108, Alcobendas, Madrid, or via email to email@example.com, enclosing or attaching a copy of their national identity document or equivalent in order to ensure their identification.
10.4 YOIGO is under the obligation to maintain the secrecy of the Customer’s personal data, and the duty to store such data, and shall adopt the necessary measures to prevent their alteration, loss, unauthorized processing or access, all of which in accordance with the obligations stipulated in the law in force.
10.5 YOIGO may verify the Customer’s solvency, either on its own behalf or via another agent acting on YOIGO’s behalf, by means of authorized scoring procedures and by accessing public files on solvency and credit whose controllers provide such services in accordance with the law in force. The Customer hereby authorizes the processing and maintenance of financial solvency information for statistical and solvency evaluation purposes. These shall be cancelled if the contract is not entered into. Furthermore, the Customer accepts that, should they fail to meet their payment obligations to YOIGO within the period stipulated and according to the provisions of this Contract, YOIGO may communicate their identification data together will all data relating to their outstanding debt to entities dedicated to providing information on solvency and credit, all of which in accordance with the provisions of the law in force.
10.6 YOIGO informs the Customer that the data included in this contract application form will be incorporated into the Hunter system managed by the Asociación Española de Empresas contra el Fraude (Spanish Association of Businesses against Fraud). Data will be compared with other data from applications for telephone services registered on the Hunter system to prevent fraudulent applications, exclusively with the aim of detecting the presence of potentially fraudulent information during the service approval process. In the event that inaccurate, irregular or incomplete data is detected, the Customer’s application will be subject to a more in-depth study, and the aforementioned data will be included in the register. This data will be available for consultation for the purposes mentioned above by entities adhering to the Hunter system and belonging to the following sectors: finance, card issuers, payment methods, telecommunications, rental services, insurance, debt purchase, property, energy and water supply, regular invoicing and deferred payment. The list of entities signed up to the Hunter system is available on the website of the Asociación Española de Empresas contra el Fraude: www.asociacioncontraelfraude.org. The Customer may exercise their rights of access, rectification, cancellation and opposition by sending a signed form accompanied by a photocopy of an identification document to the Asociación Española de Empresas contra el Fraude at: Apartado de Correos 2054, 28002 MADRID.
10.7 Should the Customer request the inclusion of their personal data in telephone directories, YOIGO will pass on this data to the Comisión Nacional de los Mercados y la Competencia (Spanish National Competition Commission) so that that Commission may make the data available to organizations that create telephone directories or provide information or enquiry services.
11.1 The Customer may receive information on the Service and on any incidents via the Customer Care Service by calling the telephone number 622 (from the YOIGO network) or 622 622 622 (from other operators’ networks), or by visiting www.yoigo.com. The Customer may also submit queries by post to the following address: Xfera Móviles, S.A.U., Customer Care Department, Avda. de la Vega, 15, 28108 Alcobendas (Madrid) or by e-mail to firstname.lastname@example.org.
11.2 In order to lodge claims relating to the Service, the Customer must approach YOIGO by any of the means provided in the preceding paragraph, within one (1) month from the time when they become aware of the events motivating the claim. Upon receipt of the claim, YOIGO shall provide the Customer with the relevant reference number and, if requested, a document accrediting the submission and contents of said claim.
11.3 Once the claim has been formulated, if the Customer does not obtain a satisfactory response from YOIGO within one (1) month, they may submit their claim to the relevant consumer Arbitration Panel or to the Secretary of State for Telecommunications and the Information Society, in accordance with the provisions of the applicable regulations. The above does not affect the Customer’s right to initiate legal proceedings.
12.1 The Customer undertakes to inform YOIGO of any changes to contract information, in particular changes to information relating to the Customer’s billing address and bank account from which their direct debit is paid, since such information is essential for the proper performance of the obligations deriving from this Contract.
12.2 Subject to one (1) month’s prior notice to the Customer, YOIGO may modify this Contract for the purposes of adapting its contents to new legislative, technological or mobile telephony market circumstances. In the event of disagreement with the proposed amendment, the Customer may give YOIGO notice of their intention to terminate the Contract.
13.1 As security for the performance of the obligations hereunder, YOIGO may require the Customer to provide a non-interest bearing deposit to a maximum sum of €150 in cash as security, and also assign a credit limit to the Customer or restrict the use of higher rate, additional rate and/or international services, in the event of any of the following circumstances:
13.2 Failure to provide the requested security shall entitle YOIGO to refuse the application for connection to the Service, restrict outgoing calls, suspend the Service and terminate the Contract.
13.3 Any request by the Customer for termination or assignment of the Contract while outstanding debts exist shall entitle YOIGO to enforce the security for the total amount due, while the remaining amount shall be made available to the Customer.
13.4 YOIGO shall proceed to refund securities within a maximum period of four (4) months from their establishment if the Customer has paid the invoices issued to them within the stipulated time periods.
14.1 The present Contract shall terminate for the general causes of termination of contracts and, in particular, for the following reasons:
14.2 Under no circumstances shall termination of the Contract exonerate the Customer from their payment obligations to YOIGO pursuant to their use of the Service.
The relationship between the Customer and YOIGO shall be governed by this Contract and by Spanish law.
SPECIAL CONDITION REGARDING THE MINIMUM TERM ASSOCIATED WITH THE ACQUISITION OF A TELEPHONE, MODEM AND/OR NETBOOK (THE PRODUCT/S).
This special condition shall only be applicable where parties give their express consent. In view of the discount given by YOIGO to the Customer on the purchase of the product/s (the “Discount”), in the event that the Customer withdraws or changes to a pricing plan with a lower consumption commitment during the term stipulated in the initial Contract, the Customer must pay YOIGO compensation equivalent to the proportional sum of the Discount for the minimum contract period outstanding. Moreover, all Deferred Payments which might be outstanding on the date of the withdrawal or change of pricing plan will be due immediately. These sums will be invoiced to the Customer as appropriate.
SPECIAL CONDITION REGARDING THE MINIMUM TERM ASSOCIATED WITH GAINING ADVANTAGEOUS ECONOMIC CONDITIONS.
This special condition shall only be applicable where parties give their express consent. In view of the discount given by YOIGO on the tariff contracted with the Customer, of especially advantageous economic conditions associated with the tariff contracted or any other special economic benefit, in the event that the Customer withdraws or changes to a pricing plan with a lower consumption commitment during the term stipulated in the initial contract, the Customer must pay YOIGO compensation of a maximum sum equal to the amount specified in the initial contract. Under no circumstances shall said compensation be greater than the economic benefit arising from this commitment to a minimum contract period.
ADDITIONAL CONDITION REGARDING ROAMING SERVICES.
YOIGO will apply the same tariffs to the use of the Service in other countries within the European Economic Area (EEA) as those tariffs applied to domestic use as long as the Customer is habitually resident in or has stable links with Spain. YOIGO may establish a limit on the volume of data associated with the Contract, with the possibility of extra charges where this limit is exceeded, as detailed below, in accordance with the provisions contained in European regulations, and where set out in the specific conditions of the tariff contracted.
The Customer undertakes to make reasonable use of the Service. With the aim of preventing misuse or abuse of the Service, YOIGO may monitor the objective indicators of consumption and presence in other countries over a period of four (4) months. These indicators may include: a consumption of 50% in excess of the volume of data contracted or presence in another country in the EEA during more than half of the observation period, measured in days, as well as long periods of inactivity and activation, and sequential use of multiple SIM cards.
If the Customer exceeds the established volume of data available for consumption in other countries in the EEA or engages in misuse or abuse of the Service, YOIGO may apply extra charges to the Customer without prior notice, which may not exceed the wholesale price in force. Before such charges are imposed, the Customer shall have a period of fourteen (14) days within which to provide data on their actual presence in another country or consumption where appropriate.
In accordance with Clause 11, the Customer can contact YOIGO to submit any claim related to the application of the charges mentioned herein.
For more detailed information on the conditions of use of roaming services, please visit: http://www.yoigo.com/pdf/condiciones-particulares-roaming-en.pdf