INDIVIDUAL CONDITIONS OF CREDIT RECHARGE FOR PREPAID CARDS

The following conditions will regulate the operational functions for Web and Direct recharge services for Xfera Móviles, S.A., (“YOIGO”) prepaid cards with either credit or debit cards through the recharge services authorized by YOIGO, at any time, according to the information offered through their web page, www.yoigo.com (from here on, “recharge services YOIGO”)

1. Service objective

The objective of the service is the benefit of the prepaid card recharge service of YOIGO through the YOIGO recharge services (the “Service”.) The use of the Service assigns the condition of the user of the service (from here on “User”) and expresses the complete acceptance of the present individual conditions (the “Individual Conditions”), which will permanently be accessible in the Web page www.yoigo.com.

YOIGO reserves the right to unilaterally modify at any time and with no previous warning the introduction, configuration and contents of the Service, as well as the Individual Conditions required for the use the Service, which will be applicable to the contracts carried out from that moment on.

2. Service description

The Service allows you to increase the available credit by recharging the YOIGO prepaid card at any time, as long as the services provided through the prepaid card remain active. To accomplish this, the User will have access to any of the YOIGO Recharge Services offered on their web page, www.yoigo.com.

During the contracting process through the Web page www.yoigo.com, the User who wishes to contract the service must complete the information required in the form provided at the recharge page. By sending the form once completed and clicking on I accept these Conditions, the contracting process will finalize and will assume the complete acceptance of the applicable conditions by the User of the proposal made by YOIGO. YOIGO will keep a copy for its own electronic files of said contract.

During telephone contracting process, the completion of telephone forms and expressing the required acceptance of the User, the contractual process will finalize and will assume the complete acceptance of the YOIGO’s proposal and the applicable conditions by the User. To better the security system and to keep proof of the effective contract, YOIGO will be able to, with prior consent of the User, record said telephone conversations.

In any event, telephone calls to the numbers established by YOIGO for purposes of contracting products and services are free of charge.

The Service has two Recharging modes: Web Recharge, which does not require User registration and Direct Recharge, which requires User registration. Through Web Recharge, any User can carry out a recharge, and with Direct Recharge, after User registration, a recharge can be carried out faster. Only YOIGO active clients will have access to the Direct Recharge service.

The minimum recharge amount will be of five (5) euros and in consecutive multiples of five (5) euros to a maximum of one hundred and fifty (150) (tax included) non refundable euros per transaction. As a result, the accumulated credit available in the prepaid card can only be used to pay the service (voice, SMS, MMS, data and contents), and YOIGO will not refund the User the cash amount equivalent to the credit recharged.

YOIGO reserves the right of modification, temporary suspension or cancellation of service at any moment.

Once the process has been finalized, YOIGO will provide the User with confirmation of the completed recharge by email (if done through Internet confirmation will also be provided through the screen). Likewise, YOIGO will send an SMS to the YOIGO prepaid card number requested by the User informing him/her of the amount of the recharge.

In the event that a transaction fails for any reason, YOIGO will notify the User. To the extent permitted by law, YOIGO will not be held responsible with respect to the failed transactions.

Due to the special characteristics of the Service, it is not possible to correct the mistakes made while providing information during the contracting process, therefore, YOIGO will not be held accountable for the mistakes carried out by the User when providing information during the recharge process. If the User provides a number different from the one he/she wants to recharge, YOIGO reserves the right to carry out the necessary technical steps during the 24 hours following the requested recharge to cancel the charge on the bank card and only reimbursing the full amount of the requested recharge (partial reimbursements are not permitted) as long as there is sufficient credit in the prepaid card that has been recharged and the User has previously contacted YOIGO through customer service by calling 622 (toll free when calling through the YOIGO network) or 622 622 622 (when calling through other service providers), stating the intent to cancel the recharge carried out and the order number.

3. Condition of use

The use of YOIGO Service is free for the User. Nevertheless, the aforementioned does not include any charges to the user applied by the back for the credit or debit card use.

The User agrees to use the Service in a correctly and diligent manner and in accordance to the law, the present Individual Conditions, the moral and good manners generally accepted and public order. The User agrees to refrain from using the Service for illicit purposes, in a harmful manner to the rights and interests of third parties, forbidden or that may harm the Service in any way or prevent the normal use or enjoyment of said Service, the computer equipment, software, documents, records and all forms of contents stored in YOIGO or third parties’ computer equipment. YOIGO reserves the right to take the necessary measures in case there are signs of fraudulent use of the Service.

The User will be held accountable for any damages caused to YOIGO due to the breach of any of the obligations subject by any of these Conditions or the law in relation to the use of the Service.

4. Methods of payment

Recharge methods will be through credit or debit card or that chosen by the User among the methods of payment allowed by YOIGO for this Service. The card used for the payment must be owned by the User. YOIGO reserves the right to refuse any recharges that do not pass the security controls established in the systems of the financial institutes that manage the payment service.

Credit card payment service is managed by a contractor authorized by a credit entity.

YOIGO is exempt of all responsibility related to confidentiality and security of the information and data provided by the user when making payment through credit or debit card, insofar as said information and data in not exclusively under YOIGO’s control.

5. Service availability

YOIGO does not guarantee the availability and continuity of the Service, either its suitability for any means or its use in relation to any particular activity or its infallibility.

Up to the maximum permitted under applicable rule, YOIGO excludes any responsibility for damages of any nature due to lack of availability or continuity of working service, to the lack of suitability for its intended purpose or use that the users could have attributed to the Service and Service failures.

6. Personal information

Pursuant to Organic Law 15/1999 of December 13, of Protection of Personal Information, YOIGO informs the User that the personal information given under these Conditions, together with those that YOIGO has access to throughout the development of the relationship, will be placed in automated files containing personal information created by and under the responsibility of YOIGO for the purpose of maintaining and managing the relationship with the User, and also, if you are a Direct Recharge User, for commercial use and promotional marketing. The Client may at any moment exercise the right to access, rectify, cancel and oppose pursuant to applicable law by writing to Xfera Moviles, S.A. (Ref. DAYOS), Avenida de la Vega, 15, 28108, Alcobendas (Madrid).

YOIGO is under the obligation of maintaining the User’s personal information secret and the duty to safe keep it, and will adopt the necessary measures to avoid tampering, loss, use or unauthorized access, all according to the obligations established by applicable law. In order for YOIGO to carry out its obligations in relation to protection of personal information, the User agrees to provide YOIGO within a reasonable period of time any changes of the information provided to YOIGO during the life of the contractual relationship.

YOIGO will be able to verify the solvency of the User, for itself or for those acting on its behalf and interests, by accessing public files regarding solvency and credits which services are provided according to applicable law, as well as verifying the correctness of the information provided by the Client. The Client authorizes the treatment and maintenance of information regarding financial solvency for statistical purposes and the evaluation of said solvency, which will be cancelled in the event the contract is not executed.

The User declares that each and every piece of information provided to YOIGO through the process is correct and authorizes YOIGO to verify veracity of the information.

Failure to provide information in the form or providing incorrect information will prevent the processing of the order.

7. Customer service

The User is entitled to receive information about the Service, and about any incidence that affects him/her through Customer Service available through telephone number 622 (for calls made through the YOIGO network) or 622 622 622 (for calls made through other networks) and in the web page www.yoigo.com. He/She can also write to the following address: Xfera Móviles, S.A., Departamento de Atención al Cliente, Avenida de la Vega, 15, 28108 Alcobendas (Madrid) or email at clientes@yoigo.com

8. Applicable law

The relationship between YOIGO and the User will be governed, by all effects, by the Spanish Legislation

These General Conditions will be in effect until August 29, 2009. On August 30, 2009, the new General Conditions will be in force and can be consulted in www.yoigo.com.