GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF LANDLINE TELEPHONE AND BROADBAND INTERNET SERVICES

Transcription

1 GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF LANDLINE TELEPHONE AND BROADBAND INTERNET SERVICES 1. PURPOSE Pursuant to the present indefinite term Contract, Xfera Móviles, S.A.U. ( Yoigo ), with tax number (C.I.F) A and registered office at Alcobendas (Madrid), Avda. de la Vega, 15 (28108), shall render Landline Telephone and Broadband Internet (the Service or Services ) to the Customer. The Landline Telephone Service offered with Voice over Internet Protocol (VoIP) technology allows the Customer to make and receive calls using their line, as well as other basic facilities and additional associated services. Regardless of the technology used, the Broadband Internet Service offers 24-hour Broadband Internet at the browsing speed contracted and with the associated additional Services. Due to the technical characteristics of the Service, the Service speed contracted shall be the maximum speed. Yoigo is unable to guarantee the speed contracted by the Customer at all times. 2. TERMS AND CONDITIONS OF THE SERVICE PROVISION 2.1 Installation and Activation The terms and conditions of the Service installation and activation will depend on whether the service provided is via an ADSL or Fibre Optic line, which will, in turn, depend on the infrastructures available at any given time. Coverage areas can be consulted by contacting the Customer Care department. (I) - ADSL The installation of services via an ADSL line requires activities such as local-loop unbundling, installation of equipment and/or number porting, where appropriate. The Customer shall allow the persons designated by Yoigo to access the Customer s home where necessary to ensure the correct provision of the Service. The Customer declares that they have been provided with detailed information on the characteristics and conditions of the Broadband Internet Service and, with a view to this Service being provided, expressly requests that their telephone line copper pair (the local loop ) is accessed by Yoigo or another company in its business group through full unbundled access or indirect access to the local loop. Yoigo will carry out the following activities required for the installation of the Service in the Customer s home: Installation of a network termination point (NTP); Installation of an ADSL/Wi-Fi modem; Connection of equipment installed to a maximum distance of 1.5 m. Yoigo may modify the equipment installed or activities to be carried out as part of the installation in line with the Service requirements at any given time. The Customer declares that they have been informed of the nature of the Services provided by Yoigo, and that this means the automatic cancellation of all services contracted by the Customer with their operator and associated access to the local loop, including, where appropriate, Centrex services, private virtual networks, hunt groups, multiple extensions or any other service that involves linking to the local loop. The Customer authorizes Yoigo to carry out in the Customer s name any procedures necessary to access their telephone line or carry out any activities necessary on the Customer s line to provide the Broadband Internet Service. In the event that the Customer is not the owner of the telephone lines, the Customer expressly declares that they have obtained the relevant authorization. Yoigo will proceed to unbundle the appropriate line indicated by the Customer, as long as there is a guarantee of being able to offer the Service on the line in question to an adequate level. When this does not exist, Yoigo will install or request a new telephone line to the Customer s home. To this end, the Customer expressly authorizes Yoigo to activate a new line in the Customer s name and to their home. Once it becomes possible to provide the Service on the line, Yoigo will proceed to transfer the Customer s existing number where appropriate, in agreement with the Customer s request to port their telephone number. (II) - Fibre Optic If the Customer does not have the fittings required for the Service to be provided, it will be necessary for Yoigo or another company acting on Yoigo s behalf to complete the installation of the required fittings in the Customer s home. To this end, a technician employed by Yoigo or another external company authorized by Yoigo to act on their behalf will attend the Customer s home on a date agreed with the Customer. The Customer expressly authorizes Yoigo and its designated technicians to access the home and the fittings and equipment necessary to ensure correct installation. Where necessary, this authorization to access the Customer s home also extends to activities required to ensure a correct Service provision or maintenance, and the removal of Equipment where appropriate. The Customer shall facilitate the technician s access to the place in the building where the Fibre Optic line enters the building, where this work has been carried out inside the building. Yoigo will carry out the following activities in order to install the Service: Connection of external Fibre Optic cabling to the network of the Customer s building; Laying of cables inside the building or on the facade up to the Customer s home; Installation in the Customer s home of an optical network termination point; Installation in the Customer s home of a ONT Wi-Fi Router; Connection of equipment installed to a maximum distance of 1.5 m. Yoigo may modify the equipment installed or activities to be carried out as part of the installation in line with the Service requirements at any given time. The Customer acknowledges that they have been informed of the nature of the Services provided, and that the installation of Fibre Optic does not mean the automatic cancellation of any other services that the Customer may have contracted previously with Yoigo or another operator. The Customer can maintain their existing ADSL/internet services, as well as any other associated services. In such cases, the Customer is responsible for cancelling their ADSL/internet service with their previous operator. In the event that the Customer wishes to cancel any such services, they must contact their previous operator. Both in the case of the installation and activation of either the ADSL or Fibre Optic Service, the Customer declares that they have any permits and licenses provided by third parties required for the installation and provision of the Service. Yoigo is entirely exempt from any liability concerning such third parties under all circumstances. In the event that the Customer does not agree to the basic installation to be carried out by Yoigo, Yoigo shall have the right to terminate this Contract immediately and invoice the Customer for any expenses incurred up until the date when the Contract is terminated. 2.2 Broadband Internet Service Cancellation of the Broadband Internet Service could also lead to the cancellation of the Landline Telephone Service. The Service provision may be incompatible with services based on modems or alarms, switchboards, lift communication lines or telecare services, and in general any service that makes use of traditional telephone lines. In such cases, Yoigo cannot guarantee the functioning of the aforementioned services installed prior to the activation of the Broadband Internet Service. When the Service is provided using ADSL, the Customer acknowledges that Yoigo cannot guarantee that the Service will offer the contracted

2 speed in all cases, since distance from the exchange, the quality of the line, and possible interferences may reduce service speed. Yoigo will make its best efforts to ensure that the Customer receives the maximum speed technically possible for their contracted ADSL service. In general, both in the case of ADSL and Fibre Optic Services the speed contracted shall be enjoyed using the Ethernet cable connecting the equipment provided and the Customer s equipment. This speed may be limited by the capacities of the equipment used by the Customer to connect to the Service. When other connection methods are employed, such as Wi-Fi, the speed reached by the Customer s equipment may be limited by the characteristics of that connection method. In the case of Wi-Fi, factors unrelated to Yoigo such as the structure of the Customer s home, interference from other Wi-Fi networks, the capacities of the equipment used by the Customer to connect to the Internet, whether equipment is used inside or outside, and other factors may cause a reduction to the final speed enjoyed by the Customer. Apart from the aforementioned factors not related to Yoigo that may cause a reduction to the final speed enjoyed by the Customer, speeds may also be affected by Service interruptions or maintenance activities carried out by Yoigo. The website shall make available to the Customer at all times precise information concerning minimum, normally available and advertised speeds, downlink and uplink speeds. 2.3 Landline Telephone Service In the event that the Customer contracts the Landline Telephone Service, the service will be provided using the line associated with the ADSL or Fibre Optic service, as appropriate. For the purposes of the technical setup of the service, the Customer is informed that cancellation of the Landline Telephone Service could also lead to the cancellation of Broadband Internet Service. The Telephone Service offered with VoIP technology allows the Customer to receive calls on their landline destined to the number associated with that line. The Customer will also be able to make calls from that same line. In the case of services being provided via Fibre Optic, the Customer can maintain their existing ADSL/internet services where appropriate, as well as any other associated services. In such cases, the Customer is responsible for cancelling their Telephone Service with their previous operator. In the event that the Customer wishes to cancel any such services, they must contact their previous operator. In order to enjoy this Service, the Customer authorizes Yoigo to carry out any interventions on the network required to guarantee reception of calls destined to their geographic number. 2.4 Activation of the Services Yoigo will activate the Landline Telephone and Broadband Internet Services within a maximum period of thirty (30) calendar days as of the signing of this Contract. The Services will be activated on the same day that Yoigo successfully completes the installation in the Customer s home or is able to verify suitability of pre-existing installations. For the purposes of the quality standards in force to which Yoigo is subject, this maximum time period for activation is known as the initial connection period. In the event that Yoigo fails to comply with the aforementioned initial connection period, the Customer shall be due compensation to the amount of one (1) euro per calendar day s delay, up to a maximum of ninety (90) days. In the event of technical issues that make it impossible for Yoigo to provide the Service, or where there is no physical access for the installation of the cable up to the connection point with the Customer s home, or in any other situation preventing provision of the service for which Yoigo is not responsible, such as force majeure or causes for which the Customer is liable, the Customer will not be due any compensation. Yoigo undertakes to provide the Services contracted in accordance with the quality standards set out in the relevant regulations in force. 3. USE OF THE SERVICE 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 Service may not be used to send unsolicited commercial communications or communications that aim to block third-party servers. 4. PRICE The fees and rates in force at any given time for each contracted tariff shall apply. 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 or by calling Customer Care on 622 (from the YOIGO network) or (from other operators networks). 5. BILLING AND PAYMENT 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. 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, invoicing will take place as of the time when the foreign operator communicates to Yoigo the amount corresponding to such calls or forwards. 5.3 The first invoice will include fees relating to registration, activation and, where appropriate, installation and/or maintenance. Instalments will be invoiced monthly in arrears, and cover network maintenance up to the Network Termination Point in the case of ADSL, and up to the Optical Network Termination Point in the case of Fibre Optic. 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 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 or the application Mi Yoigo. The Customer can opt to receive paper invoices at any time by calling 622 or via to clientes@yoigo.com. 6. RIGHT TO DISCONNECT 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.

3 7. TEMPORARY SUSPENSION OF THE SERVICE 7.1 Should the Customer fail to pay any outstanding amounts in whole or in part during a period in excess of one (1) month as of the issue of the invoice in question, Yoigo shall be entitled to suspend the Service, subject to fifteen (15) days prior notice to the Customer. 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 (including VAT) for the reestablishment of the Service. 7.2 Yoigo may also 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 Service suspension does not exempt the Customer from their obligation to continue paying monthly fees. In the event of a temporary suspension of the telephone Service due to non-payment, the Service will be maintained for outgoing emergency calls and incoming calls excepting those subject to reverse charges and mobile calls from abroad. In the event that the Customer has submitted a claim to the relevant consumer Arbitration Panel or to the Secretary of State for Telecommunications and the Information Society, Yoigo shall not suspend the service pending resolution of the claim, as long as the Customer deposits the appropriate amount due, submitting the corresponding proof of payment to Yoigo. 7.4 The Customer may request a temporary suspension of the contracted landline Service with prior notice of fifteen (15) days by contacting the Customer Care Service using any of the means indicated in clause The duration of the suspension shall be a minimum of one (1) month and a maximum of three (3) months. The suspension period shall not exceed a total of ninety (90) days per calendar year. In such cases, Yoigo will deduct fifty (50) percent of the proportional amount due for the period affected from the Customer s monthly fees. 7.5 A delay in payment for a period exceeding three months or the temporary suspension on two occasions of the contract for late payment shall allow Yoigo to permanently cancel the Service and terminate the Contract, subject to prior notification of the Customer. 7.6 Yoigo may occasionally interrupt the Services for the purposes of carrying out improvements, repairs, equipment changes, or similar activities. Such interruptions shall be as short as possible and shall preferably take place during low usage periods. 8. TEMPORARY DISRUPTION OF THE SERVICE 8.1 Yoigo shall render the Service subject to obligations concerning quality stipulated in the regulations in force. The telephone number 622 and the address clientes@yoigo.com are made available to the Customer by Yoigo to resolve any incidents and as warranty for service maintenance. 8.2 In the event of a temporary disruption to the Landline Telephone 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: The average invoiced amount for the interrupted Service in the three (3) months prior to the disruption, prorated for the duration of the disruption (if the disrupted Service should have been rendered for less than three (3) months, the amount shall be calculated in line with the invoice that would have been payable per month estimated in proportion to the actual consumption period in question); or, Five (5) times the monthly fixed fee in force at the time of the disruption, prorated for the duration of the disruption. Where the amount of compensation due exceeds one (1) euro, it will be paid automatically on the next invoice. 8.3 In the event of any disruption to the Broadband Internet Service, Yoigo shall compensate the Customer by refunding the monthly fee for 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. 8.4 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. 8.5 In addition, excepting in circumstances of force majeure, Yoigo undertakes to offer the following level of Service quality: regarding Service disruption times, Yoigo undertakes to ensure maximum disruption of no more than 48 hours during any billing cycle. In the event that Yoigo fails to comply with this commitment, Yoigo shall pay the Customer compensation equal to a monthly fee prorated to cover the period of the disruption during the billing cycle. 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 To this effect, the duration of the Service disruption is defined as the entire duration of time that has passed from the moment the disruption caused a loss of Service after its activation up to the moment when normal service is resumed. The moment from which the disruption period is calculated shall be one of the following: (I) the date and time when the Customer notifies Yoigo of the incident, or (II) the date and time recorded by Yoigo for the incident causing the total or partial disruption of the Service. 8.7 For the purposes of compensation linked to all of the above commitments, the monthly fee for the Broadband Internet Service is calculated as 50% of the total monthly fee for those cases where a package of Services has been contracted where the total cost of the package does not break down the individual cost applicable to each service (Telephone Service and Broadband Internet Service). 8.8 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 having connected devices or equipment whose suitability has not been evaluated in accordance with the regulations in force. 8.9 In the event of any incidents involving security, the integrity of the network, or threats to 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. 9. EQUIPMENT In the event that the Customer does not have the equipment required for the provision of the Service, Yoigo shall issue the Customer with the following equipment (hereinafter, the Equipment ) or install such Equipment in their home: (I) ONT / Wi-Fi router (in the case of Fibre Optic); (II) ADSL/Wi-Fi modem (in the case of ADSL); (III) Where necessary, a network termination point (NTP) for ADSL installations; (IV) Optical network termination point (ONTP) in Fibre Optic installations; (V) Cabling within the limits set out in these Terms and Conditions; (VI) Any other equipment, peripheral equipment or device issued to the Customer by Yoigo for correct Service provision. The technical specifications of the Equipment issued and installed by Yoigo in order to provide the Customer with the Service may be subject to changes. The Customer will be informed of any possible changes via Yoigo s website or via the Customer Care Service. Yoigo will configure the Equipment provided to the Customer or provide the Customer with equipment configuration instructions. Excepting where the Customer objects, Yoigo will create a second, independent channel via which the Service will be provided at no additional cost and with no impact on the quality of the Service contracted in order to provide additional Services such as the possibility of sharing broadband internet with third parties. This shall not affect or reduce the speed of the Customer s contracted Broadband Internet Service. This sharing can be deactivated at any time by contacting Yoigo s Customer Care department. Yoigo issues the Equipment to the Customer in a transfer/rental arrangement unless Yoigo expressly stipulates otherwise. The Customer is responsible for an appropriate use of the Equipment, as well as ensuring that it is not tampered with. Yoigo is responsible for maintaining the Equipment issued to the Customer, as well as for its replacement in the event of a fault. The Customer is obliged to return the Equipment to Yoigo in a reasonable state of repair and conservation corresponding to correct use of the Equipment at any time and in all cases within a period of one (1) month following the deactivation of the Service. In the event that the Customer does not return the Equipment within the aforementioned period, the Customer must pay Yoigo the amount specified on the cover sheet of the Contract.

4 If Yoigo issues the Customer with any kind of software or self-installing equipment, the Customer must follow the installation instructions provided by Yoigo. Yoigo does not offer any implicit or explicit guarantees related to the installation software provided, and is not responsible for any damages or alterations, caused by their execution, to the Customer s IT system (configuration and/or hardware) or electronic documents and files stored on that IT system. Yoigo shall repair any faults occurring with the Equipment issued to the Customer and related to the provision of the Service by Yoigo, assuming the costs of such Equipment as long as such faults have not been caused by the Customer. In the event that the Customer detects a fault with the Equipment or poor functioning of the Service, the Customer should contact Yoigo s technical assistance service by calling the Customer Care Service. 10. DATA PROTECTION 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 Unless the Customer marks the box specifically provided for this purpose in the initial contract, the following shall apply: They consent to YOIGO processing their personal data in order to undertake commercial measures relating to its products and services and advertising promotion. They consent to YOIGO processing their personal data in order to undertake commercial measures relating to third-party products and services. They consent to YOIGO processing their traffic, billing and browsing data for the purposes of providing the Customer with information about commercial promotions. They consent to YOIGO passing on their data to the other companies in the Group to which YOIGO belongs for the purposes of developing and improving the management of the Service and commercial actions relating to its products and services. YOIGO belongs to a Group of companies dedicated to the provision of telecommunications services. Traffic data may be used by Yoigo to provide the Customer with the valueadded 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 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 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 to datospersonales@yoigo.com, enclosing or attaching a copy of their national identity document or equivalent in order to ensure their identification 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 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 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 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: 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, MADRID 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. CUSTOMER CARE 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 (from other operators networks), or by visiting The Customer may also submit queries by post to the following address: Xfera Móviles, S.A., Customer Care Department, Avda. de la Vega, 15, Alcobendas (Madrid) or by to clientes@yoigo.com 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 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. CONTRACTUAL AMENDMENTS 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 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. SECURITY DEPOSITS 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

5 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: The Customer has failed to pay one or more invoices, for as long as non-payment continues; Debts have been incurred on other subscription Contract(s), whether in force or not, or payment of invoices is repeatedly delayed Failure to provide the requested security shall entitle Yoigo to refuse the application for connection to the Service, suspend the Service and terminate the Contract 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 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. CONTRACT CANCELLATION AND TERMINATION 14.1 The present Contract shall terminate for the general causes of termination of contracts and, in particular, for the following reasons: On the Customer s decision at any time, subject to two (2) working days prior notice to YOIGO in respect of the effective date of termination; On YOIGO s decision in the event of (i) use of the Service by the Customer in violation of this Contract; or (ii) any delay in payment of the service for a period exceeding three (3) months or temporary suspension of the Contract as a result of late payment on two (2) occasions Under no circumstances shall termination of the Contract exonerate the Customer from their payment obligations to Yoigo pursuant to their use of the Service Yoigo may transfer the rights and duties set out in this Contract to another company belonging to the same business group, subject to prior notification of the Customer of one (1) month. If the Customer is not satisfied with this arrangement, they may terminate the contract in line with the provisions of section 14.1 above. 15. APPLICABLE LAW AND JURISDICTION The relationship between the Customer and Yoigo shall be governed by this Contract and by Spanish law. SPECIAL CONDITION REGARDING THE MINIMUM TERM In view of the discount given by YOIGO to the Customer on the cost of installation (the Discount on installation costs ), in the event that the Customer cancels their order once the installation has begun, requests a change of address to a geographical area where Yoigo is unable to provide the Service due to technical issues, or withdraws or changes to a pricing plan with a lower consumption commitment during the term stipulated in the initial Contract, the Customer shall return to Yoigo an amount equivalent to the proportional sum of the Discount for the minimum contract period outstanding.