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1.1 Pursuant to the present indefinite term Contract, XFERA MÓVILES, S.A ("YOIGO"), with tax number (C.I.F) A-82528548 and registered office at Alcobendas (Madrid), Avda. de la Vega, 15 (28100), shall render in prepayment mode its publicly available mobile telephone services and, where appropriate, electronic and value-added communication services (the “Service”) to the Customer.
1.2 The Customer may only use the Service as an end user, and is therefore not authorized to resell telephone traffic or to market or assign the Service.
1.3 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 Customer may request the unlocking of the device in accordance with the procedure established by YOIGO for the purpose.
2.1 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.
2.2 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.
2.3 The Service will be activated automatically at the time when the SIM Card is handed over to the Customer.
The fees and rates in force at any given time for the mode contracted shall apply to the voice and data traffic consumed by the Customer. The Customer has been duly informed of the applicable rates, as well as the rules applying to such 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).
4.1 The Customer’s number will be linked to an account (the Account) where their available credit for use of the Service will be recorded at all times. The Customer will be informed of the available credit left in their Account after each call made. In addition, the website www.yoigo.com contains up-to-date information on the different ways in which customers can consult their available credit.
4.2 In order to make calls, send messages or make any use of the Service which involves generating voice or data traffic at the Customer's initiative, the Customer must have the necessary credit in their Account to make use of the requested traffic, in accordance with the applicable rate. Notwithstanding the foregoing, the Customer shall in all events be able to make calls to the emergency number 112 and receive messages and calls which do not involve any charge to the Customer, save in the cases provided under Clause 7, even if there is no credit in their Account.
4.3 The Customer may increase the credit available in their Account by topping up their SIM card at any time while the Service remains activated. In order to top up their SIM card, the Customer may choose any of the top-up methods provided by YOIGO (cash points, authorised distributors, petrol stations, on the YOIGO website itself, etc.), in accordance with the information supplied on its website, www.yoigo.com.
4.4 The amount of each top-up made by the Customer shall be at least five (5) Euros and not more than one hundred and fifty (150) euros (including taxes).
4.5 Calls made to the short numbers assigned to emergency service calls shall be free of charge. In accordance with current legislation, YOIGO shall provide information about the call location for such emergency services calls to the authorities providing these services.
5.1 The Customer shall pay for the Service prior to consumption by topping up their SIM Card. As the Customer uses the Service, any charges incurred thereby will be automatically deducted from their available credit according to the applicable rate. The Customer may access a breakdown of the calls and charges for a particular month free of charge via the MIYOIGO section of the website www.yoigo.com. The Customer may also request this information by calling the YOIGO Customer Care line (622), although in this case the sum of five (5) euros (excluding indirect taxes) will be charged by YOIGO for each request made. This amount will be charged to the Customer's Account.
5.2 The credit available in the Account can never be less than zero (0) euros. Consequently, whenever the Customer initiates a call or data transfer from their mobile device and their available credit runs out during the performance of the Service, the call or data transfer will be terminated immediately. Furthermore, when the Customer attempts to initiate a call or data transfer from their mobile device without sufficient credit in accordance with the applicable rate, they will be unable to perform the requested traffic.
(1) - Yoigo has not offered any prepay tariffs with a minimum consumption since 7 November 2013.
6.1 While the Service remains activated, the Customer must make a minimum monthly spend not lower than the Minimum Required Consumption detailed in the applicable tariff. In the event that the Customer’s consumption during a given calendar month is lower than the Minimum Required Consumption, YOIGO shall charge the difference between effective consumption and the Minimum Required Consumption to the Customer’s Account. Furthermore, in the event that the Customer does not make any consumption during a given calendar month, the full amount of Minimum Required Consumption shall be charged to the Customer's Account. Any fees and items specified in the conditions of the rate contracted will be included in this minimum spend.
6.2 The Minimum Required Consumption will be charged monthly, in arrears, on the first business day of each month. If, at the time of making the charge, the Customer's available credit is insufficient to cover the Minimum Required Consumption, YOIGO will only charge the amount of available credit to the Account.
6.3 The Minimum Consumption for the month when the Service is activated will be calculated proportionally according to the number of days for which the Service is active during the said month.
7.1 If the Customer's Account has a balance of zero (0) euros for a period of six (6) consecutive months, YOIGO may permanently discontinue the Service. YOIGO may also permanently discontinue the Service if no top-up is made during an uninterrupted period of nine (9) months.
7.2 At the Customer's request via the Customer Care Service YOIGO may provisionally deactivate the Service in the event of theft or loss of the mobile device with the SIM Card in it or of the SIM Card itself.
7.3 YOIGO may also undertake provisional or final deactivation of the Service, at its discretion, in the event of fraud, or the existence of reasonable grounds to suspect fraud has been committed, or as a result of any illicit use of the Service.
7.4 In the event of final deactivation of the Service for any of the reasons stipulated in this Clause, the agreement shall be automatically terminated.
8.1 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., Customer Care Department, Avda. de la Vega, 15, 28108 Alcobendas (Madrid) or by e-mail to email@example.com.
8.2 In order to lodge claims relating to the Service, the Customer must approach YOIGO by any 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.
8.3 Once the claim has been formulated, if the Customer does not obtain a satisfactory response from YOIGO within one 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.
9.1 The Customer may request that YOIGO disconnects them from international call services, higher rate services and additional rate services via the Customer Care Service.
9.2 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.
10.1 YOIGO shall render the Service subject to obligations concerning quality set forth under applicable law. 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.
10.2 In the event of temporary disruption to the Service, the Customer shall be entitled to automatic compensation for an amount equal to the average invoiced amount for all interrupted services in the three months prior to the disruption, prorated for the duration of the disruption. No compensation shall be paid if the amount resulting from applying the aforementioned rule is lower than one (1) euro.
10.3 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.
10.4 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 8am and 10pm, the compensation will be paid automatically.
10.5 Additionally, YOIGO undertakes that, except in the case of force majeure, disruptions to the service shall not exceed eight (8) hours during each calendar month. In the event that a disruption lasts more than eight (8) hours, the amount of compensation provided for in clause 10.2 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 credit to the Customer’s Account.
10.6 No compensation 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's having connected devices whose suitability has not been evaluated in accordance with applicable regulations. 10.7 Unless otherwise stated in the conditions for the applicable tariff, mobile Internet services do not allow access to P2P (programmes for downloading files peer-to-peer), or to IP telephony.
11.1 For the purposes of the provisions of the Spanish Data Protection Act, Organic Law 15/1999 of 13 December 1999, YOIGO informs the Customer that 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 personal data computer files created and controlled by YOIGO and under its responsibility, for the purposes of maintenance, performance, management and monitoring of YOIGO’s contractual relationship with the Customer.
11.2 Unless the Customer marks the box specifically provided for this purpose in the initial contract, the following shall apply:
The Customer may withdraw their consent to the aforesaid processing at any time, though with no retroactive effect, by writing to Xfera Móviles, S.A. (Ref. DATOS), Avenida de la Vega, 15, 28108 Alcobendas (Madrid) or e-mailing email@example.com. However, consent to processing of traffic data for the provision of value-added services will be considered granted from the time of the application, use or access by the Customer to any service of this kind.
11.3 The Customer may at any time exercise their rights of access, rectification, cancellation and opposition provided under applicable law, by sending notice thereof in writing to YOlGO's registered offices at Avda. de la Vega, 15, 28108, Alcobendas, Madrid, enclosing a copy of their national identity document or equivalent in order to ensure their identification.
11.4 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 set forth under applicable law. In order that YOIGO may comply with its personal data protection obligations, the Customer undertakes to communicate to YOIGO within a reasonable period any changes to the data provided to YOIGO during the contract term.
11.5 YOIGO may verify the Customer's solvency, either on its own behalf or via another agent acting on YOIGO’s behalf, by means of authorised scoring procedures and by accessing public files on solvency and credit whose controllers provide such services in accordance with applicable law. YOIGO may also verify the accuracy of the data provided by the Customer. 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.
11.6 Should the Customer request the inclusion of their personal data in telephone directories, YOIGO will pass on this data to the Telecommunications Market Commission so that the Commission may make the data available to organizations that create telephone directories or provide information or enquiry services.
Subject to giving the Customer one (1) month's prior notice, 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 agreement.
13.1 The present agreement shall terminate for the general causes of termination of agreements and, in particular, for the following reasons:
The relationship between the Customer and YOIGO shall be governed by this contract and by Spanish law.
YOIGO informs the Customer that on delivery of the SIM card, the Customer's name, surnames, tax identification no., passport or alien identification no. and nationality will be entered in the Pre-paid Customers Register which Yoigo manages in compliance with Law 25/2007 of 18 October 2007 on the conservation of data in relation to electronic communications and public communications networks. Customers are further informed that Yoigo will cede this data to any authorised policing agencies who may require such data in the course of their work.