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GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF MOBILE TELEPHONE SERVICES IN PREPAYMENT MODE

1. Subject matter

1.1. Pursuant to the present indefinite Agreement, XFERA MÓVILES, S.A (”YOIGO”), with tax reference number (C.I.F.) A-82528548 and located at Alcobendas (Madrid), Avda. de la Vega, 15 (28108), shall render its publicly available mobile telephone services in prepayment mode (the “Service”) to the Customer.

1.2. The Customer may only use the Service as a final user, and is therefore not authorised to resell telephone traffic or to market or assign the Service.

2. Delivery of phone card and activation of the service

2.1 In order to provide the Service, YOIGO shall deliver to the Customer, together with a User Handbook, a SIM card (the “SIM Card”), which the Customer must insert in a compatible telephone handset.

2.2 Delivery of the SIM Card to the Customer does not entail a transfer of ownership thereof, which ownership shall remain vested in YOIGO. The Customer may use the SIM Card exclusively to access the Service and only during the period that the Service remains active in accordance with the provisions hereof. Furthermore, the Customer shall deliver the SIM Card to YOIGO in the event that YOIGO should communicate that it should be necessary or convenient to replace it for technical reasons or in order to improve the Service.

2.3 The Service shall be activated automatically when the SIM Card is delivered.

3. Price

The rates in force from time to time for the contracted mode shall apply to voice and data traffic. The Customer has been duly informed of the rates which will apply in accordance with the agreed price plan, and which may be consulted at YOIGO’s 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. Account, available credit and top-ups

4.1 The Customer shall have an account associated to its subscriber number in which its available credit to use the Service shall be registered from time to time (the “Account”). The client will be informed of the available credit in its account after each call made and each SMS message sent. In addition, the website www.yoigo.com contains up-to-date information on the different ways in which customers can check 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 tariff. 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 its Account’s available credit by topping up its SIM Card at any time while the Service remains activated. For such purpose, the Customer may choose any of the topup means provided by YOIGO, according to the information provided on its website, www.yoigo.com (cash points, authorised distributors, petrol stations, 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) Euro (including taxes) and shall be non-reimbursable. Consequently, the aggregate available credit of the Account may only be destined to pay for the Service (voice, SMS, MMS, data and contents), without YOIGO being in any event obliged to return to the Customer cash amounts equivalent to the Account’s available credit.

5. Payment

5.1 The Customer shall proceed to pay for the Service prior to consumption, by topping up its SIM Card. As the Customer uses the Service, any charges incurred thereby shall be automatically discounted from its available credit, according to the applicable tariff. 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 quantity of 5 (five) euros (excluding indirect taxes) will accrue in favour of YOIGO for each request made. This amount will be charged to the Customer’s Account.

5.2 The Account’s available credit shall never be lower than zero (0) Euro. Consequently, whenever the Customer initiates a call or data transfer from its mobile phone handset and its available credit runs out during the performance of the Service, the call or data transfer shall be automatically terminated. Furthermore, when the Customer attempts to initiate a call or data transfer from its mobile phone handset without sufficient credit in accordance with the applicable tariff, it will be unable to perform the requested traffic.

6. Minimum required consumption

6.1 While the Service remains activated, the Customer must have a minimum monthly consumption 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 withdraw from its Account the difference between effective consumption and the Minimum Required Consumption. Furthermore, in the event that it 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.

6.2 The Minimum Required Consumption shall be charged monthly in arrears, on the fist business day of each month. If, at the time of making the charge, the Customer’s available credit should be insufficient to cover the Minimum Required Consumption, YOIGO shall only detract the amount of available credit from the Account.

6.3 Minimum Consumption corresponding to the month of activation of the Service shall be calculated proportionally to the number of days in which the Service has been activated during such month.

7. Provisional and final deactivation of the service

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 topup 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 incorporating the SIM Card 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 or breach of contract by the Customer.

7.4 In the event of final deactivation of the Service for any of the reasons provided in this Clause, the agreement shall be automatically terminated.

8. Customer care

8.1 The Customer may receive information on the Service and on any incident affecting it via the Customer Care Service available at 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. It may also address its queries by post to the following address: Xfera Móviles, S.A., Customer Care Department, Avenida de la Vega, 15, 28108 Alcobendas (Madrid) o by email to clientes@yoigo.com.

8.2 In order to lodge claims relating to the Service, the Customer must address YOIGO by any means provided 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.

8.3 After the claim has been formulated, if the Customer should not obtain a satisfactory response from YOIGO within one month, it may address its claim to the relevant consumer Arbitration Panel or to the Secretary of State for Telecommunications and the Information Society, in the terms provided under applicable regulations.

9. Right to disconnect

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. Quality and temporary disruption of the service

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 of the Service, the Customer shall be entitled to automatic redress, in the form of credit to its 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 of the Service for reasons of force majeure, YOIGO shall compensate the Customer by reducing the Minimum Required Consumption proportionally to the duration of the disruption. For these purposes, international roaming services rendered abroad by operators other than YOIGO and not billed within the YOIGO network are totally excluded.

10.4 Additionally, YOIGO undertakes that, save in the case of force majeure, disruptions in the service derived from technical incidents or network maintenance activities shall not exceed eight (8) hours during each billing cycle. For each hour exceeding such commitment, YOIGO shall increase the amount of the damages provided in section 10.2 above by twenty (20) per cent.
For these purposes, within the month following re-establishment of the service, the Customer must address its claim for redress to YOIGO’s Customer Care Service Department. If damages should be due and payable, YOIGO shall pay them in the form of credit to its Account.

10.5 No damages shall be payable for disruption of 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 to conform with applicable regulations.

11. Data protection

For the purposes of the provisions of Organic Law 15/1999, of December 13, on Personal Data Protection, 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 incorporated into personal data automatised files created and controlled by YOIGO, for purposes of maintenance and management of its contractual relationship with the Customer, making payments corresponding to inter-connections with other operator networks, and developing commercial activities and promotional publicity.

In order that YOIGO may be able to provide the Customer with information about commercial promotions or provide the Customer with value added services, YOIGO hereby requests the Customer’s consent to process during the term hereof, all traffic and billing data and any data related to the services the customers is using, together with such persona data provided by the Customer to YOIGO hereunder. The Customer may at any time revoke its consent to the aforementioned processing by writing to Xfera Móviles, S.A. (Ref. DATOS), Avenida de la Vega, 15, 28108, Alcobendas (Madrid).

Notwithstanding the foregoing, the Customer shall be deemed to have given its consent to process traffic data to provide value added services upon request, use or access by the Customer of any of these kinds of services.

The Customer may at any time exercise its rights of access, rectification, cancellation and opposition provided under applicable law, by sending notice thereof in writing to YOIGO’s registered offices mentioned above.

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, unauthorised 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.

YOIGO may check the Customer’s solvency, by itself or through someone acting on its behalf, 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 authorises the processing and maintenance of financial solvency information for statistical and solvency evaluation purposes, although this will be cancelled in the event of this contract not being executed.

If the customer requests the inclusion of its personal data in the telephone directories, YOIGO will provide this data to the Comisión del Mercado de las Telecomunicaciones so that it can be made available to the companies that create the directories and the companies that provide directory enquiry or information services.

12. Amendments

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 telephone market circumstances. In the event of disagreement with the proposed amendment, the Customer may give YOIGO notice of its intention to terminate the agreement. Notice of intention to terminate must be sent by the Customer to YOIGO’s registered offices, attaching a copy of the Customer’s National Identity Document (DNI) or equivalent document. Use of the Service subsequently to the announced amendment’s effective date shall be deemed an expression of the Customer’s acceptance.

13. Termination of the agreement

13.1 The present agreement shall terminate for the general causes of termination of agreements and, in particular, for the following reasons:

13.2 Termination hereof shall entail loss by the Customer of available credit in its Account, except in the event that the Customer, at the time of termination, should request YOIGO, and the latter should accept, to contract publicly available mobile phone services in post-payment contract mode. In such case, the available credit in the Customer’s Account shall be destined to compensate charges incurred by the Customer under the new mode and tariff contracted.

14. Applicable law

The relationship between the Customer and YOIGO shall be governed by the present agreement and by Spanish law.

15. Pre-paid customers register

YOIGO hereby informs the Customer that on delivery of the SIM card, the Customer’s name, surnames, Taxpayer Identification No., Passport or Alien Identification No. shall appear in the Pre-paid Customers Register which Yoigo manages in compliance with Law 25/2007, of 18 October on the conservation of data in relation to electronic communications and public communications networks. We also inform customers that Yoigo shall cede this data to any authorised policing agencies who may request such data in the course of their work.