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1.1 Pursuant to the present indefinite Agreement, XFERA MÓVILES, S.A ("YOIGO"), with tax number (C.I.F) A-82528548 and place of business at Alcobendas (Madrid), Avda. de la Vega, 15 (28100), shall render its publicly available mobile telephone services and where appropriate electronic and value added communication services as requested (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 electronic handsets which 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.
2.1 In order to provide the service, YOIGO will hand over to the Customer, together with full information about the rate contracted, a user manual and a SIM card (the SIM Card) which the Customer must insert in a compatible telephone handset.
2.2 The Customer can use the SIM Card only to access the Service and only during the period in which the Service remains active according to the stipulations of this contract. Moreover, the Customer must hand the SIM Card over to YOIGO in the event that YOIGO informs them that it is necessary or advisable to replace it for technical reasons of to enhance provision of the Service.
2.3 The Service will be activated automatically when the SIM Card is handed over.
The fees and rates in force from time to time for the mode contracted shall apply to voice and data traffic initiated by the Customer. The Customer has been duly informed of the applicable fees and rates and the rules applying to them. All these may be consulted on the YOIGO website, www.yoigo.com, and via the customer care telephone number 622 (for calls made from the YOIGO network) or 622 622 622 (for calls made from other operators' networks).
4.1 The Customer shall have an account associated with their subscriber number in which their available credit at any given time to use the service will be recorded (the Account). the Customer will be informed of the available credit in their Account after each call they make or each SMS they send. 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, it will be indispensable to have the necessary credit in the Account to perform the requested traffic, in accordance with the applicable rate. Notwithstanding the foregoing, the absence of credit in the Account shall in no event prevent making calls to emergency number 112 nor, save in the cases provided under Clause 7, receiving messages and calls which do not involve any charge to the Customer.
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. To do this, the Customer may choose any of the means of topping-up provided by YOIGO, in accordance with the information supplied on its website, www.yoigo.com (cash points, authorised distributors, petrol stations, on the YOIGO website itself, etc.).
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 the provision of emergency service calls shall be free of charge. In accordance with current legislation, YOIGO will make information about the location from which each call to the numbers assigned to the provision of emergency services is made available to the authorities providing the said services.
5.1 The Customer shall proceed to 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 discounted from their available credit, according to the applicable rate. The customer can access, free of charge, a breakdown of the calls and charges for a particular month through the MIYOIGO section of the website www.yoigo.com. The customer can also request this information by calling the YOIGO customer service line (622), although in this case the sum of 5 (five) 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 phone handset 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 phone handset without sufficient credit in accordance with the applicable rate, they will be unable to perform the requested traffic.
6.1 While the Service remains activated, the Customer must have a minimum monthly spend not lower than the Minimum Required Consumption detailed in the applicable tariff. In the event that consumption by the Customer during a given calendar month should be lower than the Minimum Required Consumption, YOIGO shall charge to their Account the difference between effective consumption and the Minimum Required Consumption. Furthermore, in the event that they should not have made 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 counted 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 of activation of the Service will be calculated proportionally to the number of days in which the Service has been activated during the said month.
7.1 If the Customer's Account has a balance of 0 euros for a period of six (6) consecutive months, YOIGO may permanently discontinue the Service. Furthermore, if the contract rate does not reach the Minimum Obligatory Consumption, YOIGO may permanently discontinue the Service if no top-up is carried out for an unbroken 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 mislaying of the telephone handset 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, objective risk of fraud 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 incident affecting it via the Customer Care Service available at telephone number 622 (for calls made from the YOIGO network) or 622 622 622 (for calls made from other operators' networks) and at the website www.yoigo.com. They may also address queries by post to the following address: Xfera Móviles, S.A., Customer Care Department, Avenida 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 for in the preceding paragraph, within one (1) month as from the time when it becomes aware of the fact motivating the claim. Upon receipt of the claim, YOIGO shall provide the Customer with the relevant reference number and, upon request, a document accrediting the submission and content of the said claim.
8.3 Once the claim has been formulated, if the Customer should not obtain a satisfactory response from YOIGO within one month, they may address their claim to the relevant consumer Arbitration Panel or to the Secretary of State for Telecommunications and the Information Society, on the terms provided under applicable regulations.
9.1 The Customer may request YOIGO, via the Customer Care Service, to disconnect it from international calls services, higher rate services and additional rate services.
9.2 Disconnection shall take place within ten (10) days following the Customer's request. In the event that, for reasons not attributable to the Customer, disconnection should not take place within ten (10) days of the request, YOIGO shall bear the costs derived from the service whose disconnection was requested.
10.1 YOIGO shall provide the Service subject to obligations concerning quality set forth under applicable law. To warrant maintenance of the Service, YOIGO makes available to the Customer the number 622 to attend to queries and claims.
10.2 In the event of temporary disruption to the Service, the Customer shall be entitled to automatic redress, in the form of credit to their Account, for an amount equal to the average invoiced amount for all interrupted services in the three months prior to the disruption, pro rated for the duration of the disruption. No damages 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 reducing the amount of the Obligatory Minimum Consumption in proportion to the time the disruption lasted.
10.4 Additionally, YOIGO undertakes that, except in the case of force majeure, disruptions to the service derived from technical incidents or network maintenance activities shall not exceed eight (8) hours during each billing cycle. If the disruption lasts more than eight (8) hours, the amount of the compensation provided for in clause 10.2 above will automatically be doubled.
10.5 Should there be 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 hours between 8am and 10pm, the compensation will be paid automatically.
10.6 International roaming services rendered abroad by operators other than YOIGO and not billed within the YOIGO network are excluded from this right to redress.
10.7 In cases where YOIGO, according to the provisions of this clause, is not obliged to pay compensation automatically, the Customer must, within the month following re-establishment of the service, address their claim for redress to YOIGO's Customer Care Service Department. Should compensation be due, YOIGO shall proceed to pay it by crediting the Customer's Account.
10.8 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's having connected handsets which have not been evaluated in accordance with applicable regulations.
10.9 Except where the applicable rate conditions stipulate otherwise, mobile Internet services do not allow access to P2P (programs for downloading files from peer to peer) or IP cals.
11.1 For the purposes of the provisions of the Spanish data protection act, Organic Law 15/1999 of December 13 1999, YOIGO hereby informs the Customer that personal data supplied hereunder, together with such data to which YOIGO should have access in performance hereof, 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 its 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 firstname.lastname@example.org. 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 mentioned above, enclosing a copy of their national identity document or equivalent in order to assure their identification.
11.4 YOIGO is under the obligation to maintain the secrecy of the Customer's personal data, and the duty to keep them thus, 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 change in the data provided to YOIGO during the term hereof.
11.5 YOIGO may check the Customer's solvency, either itself or through someone acting on its 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, and 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. This will be cancelled if the contract is not entered into.
11.6 If the Customer requests the inclusion of their personal data in telephone directories, YOIGO will pass on this data to the Telecommunications Market Commission so that it can make the data available to organizations that create telephone directories and those that provide information or enquiry services.
YOIGO, by giving the Customer one month's prior notice thereof, can modify this contract for the purposes of adapting its contents to new legislative, technological or mobile telephony market circumstances. Should they disagree with the proposed amendment, the Customer may give YOIGO notice of their intention to terminate the agreement. Use of the Service subsequently to the effective date of the amendment as announced by YOIGO shall be deemed an expression of the Customer's acceptance.
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 the present agreement and by Spanish law.
YOIGO informs the Customer that on delivery of the SIM card, the Customer's name, surnames, Taxpayer
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 18th 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.