GENERAL CONDITIONS ASSOCIATED WITH ORANGE S COMBINED FIXED TELECOMMUNICATIONS SERVICES FOR THE RESIDENTIAL AND BUSINESS MARKETS

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1 GENERAL CONDITIONS ASSOCIATED WITH ORANGE S COMBINED FIXED TELECOMMUNICATIONS SERVICES FOR THE RESIDENTIAL AND BUSINESS MARKETS These General Conditions Associated with the Orange Combined Fixed Telecommunications Services for the Residential and Business Markets are conditions of acceptance that form a part of the general contracting conditions of Orange Products and Services, together with the Common General Conditions. 1. PURPOSE AND SCOPE The purpose of these General Conditions Associated with Orange s Combined Fixed Telecommunications Services (the Conditions Conditions ) is to regulate the provision by Orange Espagne, S.A., Single-Member Company ( Orange Orange ), of Combined Services of Fixed Telecommunications to its Customers, which are hereby understood as the combination of fixed telephony, Internet and, if applicable, line maintenance services (the Combined Services ). The Conditions include both the Conditions that are applicable to the Combined Services as a whole (Condition 2) and to the General Conditions Associated with each one of the services considered individually (Conditions 3 and 4). In the event of a discrepancy, the former will prevail over the latter. The General Contracting Conditions ( CGs CGs ) of ORANGE Services will complement the provisions set forth in these Conditions. In the event of any doubt between them both, the provisions set forth in these Conditions will prevail. The Customer states having read, understood and accepted these Conditions, as well as the corresponding CGs, which are all made available to the Customer by ORANGE at any given time prior to contracting, as well as at the web page, 2. CONDITIONS OF THE COMBINED SERVICES Currently, Orange s offer of Combined Services consists of the following, as long as there is technical and commercial viability: 2.1. ADSL + CALLS WITH PRE-SELECTION SERVICES (only for the residential market) These Services are provided using traditional voice technology, and they involve the provision of telephone services using PSTN technology and asymmetric, broad band Internet access services (ADSL), both in areas with Orange coverage and in areas without Orange coverage and subject to the provisions set forth in the corresponding commercial offer and in the following Conditions. (i) The activation period of this Service in areas without coverage from Orange s own network will be a maximum of 20 days, and 30 days in areas with coverage. (ii) Orange will not bill a monthly amount for the subscription fee, which is understood as effective use of the telephone line LINE + ADSL + CALLS WITH EXTENDED GLOBAL PRE-SELECTION SERVICES (for the residential and business markets) or LINE + CALLS WITH EXTENDED GLOBAL PRE-SELECTION SERVICES (only for the residential market) These Services are provided using traditional voice technology, and they involve the provision of telephone services using PSTN technology, line maintenance and asymmetric, broadband Internet access services (ADSL), both in areas with Orange coverage and in areas without Orange coverage and subject to the provisions set forth in the corresponding commercial offer and in these Conditions. (i) The activation period of this Service in areas without coverage from Orange s own network will be a maximum of 20 days, and 30 days in areas with coverage. (ii) Orange will bill a monthly amount for the subscription fee, which is understood as effective use of the telephone line. (iii) If the Customer unsubscribed from Extended Global Pre-selection but maintained Pre-selection with Orange, the Customer will automatically start paying Telefónica de España, S.A.U. for the line but keep voice and data with Orange. If the Customer unsubscribed from Extended Global Pre-selection without maintaining Pre-selection with Orange, both the line and the voice service will once again be handled through and be billed by Telefónica de España, S.A.U., but the data service will be maintained with Orange, unless the Customer also unsubscribed from this service LINE + ADSL + CALLS with optional TV SERVICES (TV only for the residential market) PROVIDED P THROUGH VoIP TECHNOLOGY These Services involve the provision of telephone services using VoIP technology, line maintenance and asymmetric, broad band Internet access services (ADSL) in areas with Orange coverage where it is available (according to legislation and regulations in force) and subject to the provisions set forth in the corresponding commercial offer and in these Conditions: 1

2 (i) Orange will bill a monthly amount for the subscription fee, which is understood as effective use of the telephone line. (ii) Payment of the amount of the management costs for providing and activating the Service at the time that it is contracted, which must be paid by credit card or in cash (if contracted at a point of sale). The amount will only be refunded to the Customer if the Service cannot be provided or activated for reasons not attributable to the Customer. Therefore, said amount will not be refunded even in the event that the Customer exercised the right to withdraw for any reason. (iii) Connection periods: a) Customers requesting the Voice over IP Service who are Orange customers of telephone services provided using PSTN technology, or of other operators (in both cases having contracted maintenance of the line with the traditional Access Operator), will receive access to the same either through a two-step process or through a one-step process, and the Customer will be informed of which of the two processes will be applicable at the time that the Service is contracted. Customers for whom services will be provided in two steps will be connected within a maximum period of 50 days as from a validly executed contract. - During a maximum period of 30 days, the Customer will continue to be a customer of his previous operator, thereby maintaining the same services and the same billing that he had had up to that time. - Once this first period has elapsed and during a new, maximum period of 20 days, the Customer will be provided with the contracted services by Orange (except for the calls not included in the global pre-selection, the line fee and the services associated with the same, which will continue to be provided by the traditional Access Operator), wherefore he will receive two invoices: one invoice from the traditional Access Operator and another from Orange. - Once the maximum, aforementioned period of 50 days has elapsed, and as long as there have been no problems with providing the service that are attributable to Orange, the Customer will be solely an Orange Customer for all purposes, who will bill the Customer for all services (monthly fee, line maintenance, Internet access, calls and, if applicable and only for the residential market, TV). Customers for whom services will be provided in a single step will have access to the services within a maximum period of 30 days as from a validly executed contract. Once the maximum, aforementioned period has elapsed, and as long as there have been no problems with providing the service that are attributable to Orange, the Customer will be solely an Orange Customer for all purposes, who will bill the Customer for all services (monthly fee, line maintenance, Internet access, calls and, if applicable and only for the residential market, TV). b) For Customers who request the VoIP Service and who are Customers of Orange because they already have ADSL services in an area covered by Orange s own network, there will be a maximum period of only 20 days, after which they will solely be Customers of Orange. c) Customers who request the VoIP Service in the Free Pair mode with line Sign-up, meaning customers who do not have any telephone service at their home or customers who want a second telephone line with Orange at their home, will have a maximum connection deadline of approximately 21 days. d) Customers who request the VoIP Service in the Free Pair mode with Portability, meaning customers who come from other operators, including cable operators, and who request the portability of their lines, will have a connection deadline of 30 days. In all the aforementioned events, a change of the Customer s address will mean cancellation of the Services originally contracted by the Customer for the initially indicated address and sign-up for the same at the new address (as long as the new address is within Orange s scope of coverage and all the necessary technical requirements are met) LINE + INTERNET ACCESS + CALLS with optional TV SERVICES (TV only for the residential market) ) PROVIDED THROUGH FIBRE OPTICS The contracting of these Services means the provision of a packaged and indivisible Service in the geographic areas where Orange has deployed fibre optic cable and where it is technically and commercially viable to reach the Customer s home, according to the particulars of the specific commercial offer that exists at any given time and subject to the provisions set forth in the corresponding commercial offer and in these Conditions. This service will have the following particular conditions: (i) Orange will bill a monthly amount for the subscription fee, which is understood as effective use of the telephone line. (ii) The Customer knows and accepts that the published speed that can be reached is in the Access, wherefore the browsing speed may be lower due to Internet limitations unrelated to the Orange network and to the limitations of the Wi-Fi technology of the equipment. 2

3 (iii) Orange will activate the Fibre Optic Service ( FO Service ) within the following maximum periods: (i) twenty days for Customers who want to sign up for the service without portability; and (ii) twenty-five days for Customers who want to sign up for the service with portability. In both cases, these periods will start to be counted as from reception and validation of the contracting form by Orange. These periods will not be understood to be breached if the installer contracted by Orange could not carry out installation of the service at the Customer s home for causes not attributable to Orange. The FO Service will be understood to be activated once the Installer has left the service fully operational. (iv) Customers who contract fibre services with Orange will have a specific customer telephone service number at (v) Synchronisation of the portability date and installation date of the Orange fibre service: Due to synchronising both the installation of the service at the customer's home and the portability of the landline, if there were technical problems during the installation that resulted in failed installation, the Customer's voice service would be lost, given that portability of the line had also been processed. This loss could be either temporarily, until the installation could be finalised successfully, or indefinitely, if the installation could not be carried out or the customer wished to return to his previous operator. In this case, the customer would have to once again request portability from that operator. In the aforementioned cases in which, having placed and activated the portability request, the installer contracted by Orange could not carry out installation of the service at the Customer's home for causes not attributable to Orange, Orange will be relieved of any type of liability that could be derived therefrom. (vi) If the customer had an ADSL offer and migrated to a Fibre offer, this change of technology will mean automatic cancellation of the ADSL service. To the extent that the portability process does not end, Orange will provide the Customer with all the contracted services, except for the calls not included in the global pre-selection, the line fee and the services associated with the same, which will continue to be provided by the traditional Access Operator. Therefore, the Customer will receive two invoices: one invoice from the traditional Access Operator and another from Orange. Once the portability process has been successfully completed, the Customer will only be an Orange customer for all purposes and Orange will bill the customer for all services. In any event, a change of the Customer s address will mean cancellation of the FO Services originally contracted by the Customer for the initially indicated address and sign-up for the same at the new address (as long as the new address is within the scope of Orange s FO deployment). Common conditions of the services provided through VoIP and/or fibre technology: A) Incompatibilities. Orange provides its Customers with VoIP Services and FO Services through equipment that is fed by electric current, wherefore they will cease to operate or will operate incorrectly when there is a failure in the electric energy supply. In such circumstances, Customers will be affected or prevented from totally or partially accessing the Services. If this occurs, Orange will make every effort to re-establish the Services in the briefest possible period of time once the cause of electricity unavailability has disappeared, but in no event will Orange be liable for said electric failures. Likewise, Customers must be aware that the VoIP and FO Services can be totally or partially incompatible with the following services previously installed at their homes: some alarm systems based on fixed technology; installed telephone terminals and fax services; the internal network of phone jacks at the customer s home; the purchase of events through Pay-per-View (PPV); PIN pads; musical wire; TRAC and ISDN lines; and CEMTREX. B) Fees. Orange will charge the Customer for the following: - An installation fee in those cases in which it may be necessary to install the line to the Customer (whether the first or second line). Said fee will be paid by the Customer in the first invoice that he receives, without prejudice to the provisions that may be established in the commercial offer contracted by the Customer with respect to discounts in payment of the installation fee. The installation fee will be billed to all Customers who, with the service having been installed, may have exercised their right to contractual withdrawal or may have cancelled the Service. The collection of this installation fee will not be applicable if the Service cannot be provided or activated for reasons that are not attributable to the Customer. - An initial sign-up fee will be paid by the Customer together with the first monthly fixed fee, without prejudice to the provisions that may be established in the commercial offer contracted by the Customer with respect to discounts in payment of the initial sign-up fee or the non-applicability of the same according to the contracted service LINE + ADSL + CALLS with optional TV SERVICES for the residential market, with COMPLETELY UNBUNDLED ACCESS The contracting of these Services involves the provision of a packaged and indivisible Service in the geographic areas where Orange is able to provide it and where it is technically and commercially viable to reach the Customer s home, in 3

4 accordance with the particulars of the specific commercial offer that exists at any given time and subject to the following Conditions: (i) The period for activating this Service will be a maximum of 30 days. (ii) Orange will bill a monthly amount for the subscription fee, which is understood as effective use of the telephone line. (iii) Likewise, Orange may charge the Customer for the following amounts: - An installation fee in those cases in which it may be necessary to install the line to the Customer. Said fee will be paid by the Customer in the first invoice that he receives, without prejudice to the provisions that may be established in the commercial offer contracted by the Customer with respect to discounts in payment of the installation fee. The installation fee will be billed to all Customers who, with the service having been installed, may have exercised their right to contractual withdrawal or may have cancelled the Service. The collection of this installation fee will not be applicable if the Service cannot be provided or activated for reasons that are not attributable to the Customer. - An initial sign-up fee will be paid by the Customer together with the first monthly fixed fee, without prejudice to the provisions that may be established in the commercial offer contracted by the Customer with respect to discounts in payment of the initial sign-up fee or the non-applicability of the same according to the contracted service. - Management costs, which will be paid by credit card or cash at the time that the Service is contracted, for managing the provision and activation of the Service and which will be determined, whenever it may be applicable according to the contracted service, in the corresponding commercial offer. In cases of a sale in person, said cost will not be refunded to the Customer, even though the Customer may exercise the right to withdraw or may cancel the Service, unless the Service could not be provided or activated exclusively for reasons not attributable to the Customer ADSL + LINE SERVICES (ONLY FOR THE BUSINESS MARKET) These Services provide broadband Internet access services through an asymmetric digital subscriber line (ADSL) in areas of Orange coverage, subject to the provisions set forth in the corresponding commercial offer and in the following Conditions: the activation deadline for this Service in areas without coverage by Orange s own network will be a maximum of 20 days; Orange will bill a monthly amount for the subscription fee, which is understood as effective use of the telephone line. The amount of the management costs for providing and activating the Service will be paid at the time that it is contracted. It must be paid by credit card or in cash (if contracting takes place at a point of sale). Said amount will only be refunded to the Customer if the Service cannot be provided or activated for reasons not attributable to the Customer. Therefore, said amount will not be refunded even in the event that the Customer exercises the right to withdraw for any reason. 3. GENERAL CONDITIONS ASSOCIATED WITH ORANGE S FIXED TELEPHONY SERVICE 3.1. PURPOSE AND SCOPE The purpose of these Particular Conditions of the Fixed Telephony Service ( CPTFs CPTFs ) of Orange Espagne, S.A., Single- Member Company ( Orange Orange ) is to regulate the provision of said Service (the Service Service ) by Orange to its Customers, in both the indirect and direct access modes. The added-value services ( SVAs ) contracted by the Customers will be activated with the functionalities and rates offered by Orange at any given time. SVAs that are free of charge will be activated by default, unless the Customer requests the non-activation thereof. Wherever these CPTFs may be silent, the General Contracting Conditions of ORANGE Services (the CGs ) will apply. In the event of a discrepancy, the latter will prevail over the former FIXED TELEPHONY SERVICE QUALITY Without prejudice to the provisions already set forth in the general quality clause of the CGs of Orange Services, Orange offers Customers an additional Quality commitment in its Fixed Telephony services, whereby the maximum interruption time of the fixed telephony service, in the Indirect Access mode or Direct Access mode within a billing period, will be 72 consecutive hours as from the time that the Customer may have contacted Orange s Customer Service Department (hereinafter, the S.A.C. ) to report the existence of an interruption. For these purposes, a billing period will have a duration of one month. 4

5 In those cases in which Orange, after analysing the problem that has occurred, concludes that the maximum service interruption time has exceeded said 72 hours, it will pay compensation to the Customer as follows: if it is a fee product, by the amount of one monthly fee of the contracted product; if it is a service without a fee, a 25% discount on the amount of the fixed telephony invoice will be applied. Said compensation will take effect in the invoice corresponding to the billing period in which the compensation is notified and validated. Compensation applies to the main fee product (for example, the Flat Rate of calls or the ADSL fee) GUARANTY DEPOSIT The provisions in the CGs on this matter notwithstanding, Orange may require that the Customer establish a guaranty deposit, either at the time that the Service is contracted or during the contractual term, in the following events, for the following amounts and during the indicated period, thereby considering the nature of the service provided: (i) In fixed telephony service subscription contracts requested by natural persons or legal entities who are or may have previously been subscribers of the Service and had left one or several invoices unpaid, to the extent that the default continues to exist; (ii) in fixed telephony service subscription contracts whose holders had contracted debts for another or other subscription contracts, whether or not they are in force at that time, or who were repeatedly late in the payment of the corresponding invoices; (iii) for subscribers of the telephone service available to the public from a fixed location, the holders of lines that provide services to terminal equipment for public use by third parties at public establishments; (iv) in subscription contracts whose holders provide premium rate services; and (v) in those authorised events when it is exceptionally authorised by the State Secretary of Telecommunications and for the Information Society, at Orange s request, in the events when indisputable fraud is detected and to assure compliance with the contract by the end users. The amount of the deposit will be determined by totalling the amount of the last three unpaid and/or billed invoices. In the event that there were less than three unpaid invoices or if the contractual term were less, the amount would be that which resulted from multiplying the amount of the last invoice by three. Orange will refund the deposit: when, in case (i), it has record of full payment of the amounts owed; and in all other cases when it is verified that in one year there has not been any delay in the payment of the invoices billed to the holder of the contract. The guaranty deposit will be established at Orange s choice, in cash or by means of bank guaranty, which it will indicate to the Customer. The failure to establish the deposit will authorise Orange to suspend the Service, disconnect the Customer or reject the Customer s sign-up request TEMPORARY AND DEFINITIVE SUSPENSION OF SERVICE E AND THE DISCONNECTION THEREOF The provisions set forth in the CGs notwithstanding, suspension and disconnection of the Service will be subject to the provisions set forth below. Temporary suspension of Service for non-payment: If the Customer did not make total or partial payment of the owed amounts after one month had elapsed as from submitting the statement of charges to the Customer, Orange may, subject to notifying the Customer, temporarily suspend the Customer s Service. Temporary suspension of the Service will affect the services with respect to which payment has become late, in any event maintaining the Service for outgoing emergency calls and for incoming calls (except for collect calls). Temporary suspension of the Service does not relieve the Customer from the obligation to continue paying the corresponding, fixed periodic fees. In any event, Orange reserves the authority to be able to make re-establishment of Service subject to the establishment of a guaranty deposit. Definitive suspension of Service for non-payment payment: The delay of payment for a period of more than three months or the temporary suspension of the Contract on two occasions due to late payment of the Service will authorise Orange to definitively suspend the same and terminate the Contract, subject to notifying the Customer fifteen business days in advance, thereby indicating the date when Suspension will take place. Disconnection of the Service: The Customer will be entitled to free disconnection of certain services (including but not limited to premium rate services and/or international calls), according to the procedure described in the CGs in this regard MAINTENANCE OF THE SERVICE Orange will be in charge of maintaining the Service and of repairing breakdowns up to the Network Termination Unit, and it will resolve incidents and breakdowns in the briefest possible period of time through its Customer Service Department (SAC). In the event that the breakdown occurred inside the Customer s home, Orange may offer the Customer an additional service according to the rates in force at any given time SPECIFIC CONDITIONS FOR PROVIDING THE FIXED TELEPHONE SERVICE IN THE INDIRECT ACCESS MODE 5

6 Definition. The fixed telephone service in the indirect access mode allows a Customer to place calls through Orange s network based on a fixed telephone line contracted through another operator. Said service allows making the following from a fixed telephone: metropolitan, provincial, inter-provincial and international calls to another fixed telephone and calls to mobile phones. The Customer will be appropriately notified of any other, additional feature, so that he knows the operational features of the Service at any given time Access Modes. The Customer, at his choice, can access said service either in the call-to-call dialling mode using the prefix 1052 or in the pre-selection mode Pre-selection. - Global Pre-selection: It allows placing all metropolitan, provincial, inter-provincial and international calls and calls from a fixed to a mobile phone. Orange will activate this mode within a maximum period of 10 business days as from the moment when a valid contract has been signed. - Extended Global Pre-selection: It allows placing (unbundled from the previous access operator and without having to pay that operator the maintenance fee for the line) all the customer s metropolitan, long-distance and fixed-mobile calls and calls to intelligent network numbers in the Direct Dial mode, without having to dial any prefix. Orange will activate this mode within a maximum period of 10 business days as from the moment when a valid contract has been signed. These periods will not apply if delays were caused due to force majeure; due to causes attributable to third parties; due to the Customer s unavailability for delivery or installation of the equipment; or due to causes attributable to access operators, if they occurred. The request for pre-selection in either of the two modes will implicitly involve the Customer s express authorisation (as the holder/subscriber of the Access Operator s line(s)) to Orange so that it can request pre-selection of the lines from the access operator on the Customer s behalf. In the event that the Subscriber is not a Customer of Orange, Orange will give its conformity to the pre-selection request made by the Subscriber. Orange will notify the Customer of the moment when the line is activated. Until that time, the Customer must continue paying his previous access operator for the services provided by the same. The causes for refusal and postponement of the pre-assignment request will be those established by legislation in force Termination of the Contract with the Customer s access operator. In the event that the Customer cancelled the line(s) contracted with his access operator, the Customer is bound to notify such circumstance in writing to Orange at least five business days in advance of the cancellation request date. Otherwise, the Customer will be subsidiarily liable for the expenses that could be incurred by other users for the use of such line(s) SPECIFIC CONDITIONS FOR PROVIDING THE FIXED TELEPHONE SERVICE IN THE DIRECT ACCESS MODE Definition. The fixed telephone service in the direct access mode allows the Customer to place and receive all types of outgoing and incoming calls to and from any enabled operator using a fixed telephone line contracted with Orange, without having to dial a prefix or pre-selecting access. Orange will provide the service using digitisation and information transmission technologies ( Voice over IP ); through the public switched telephone network ( PSTN ); using fibre optic technology; or using any other technology that could be developed in the future and that may be accessible from the Customer s home Access Modes. - Unbundled shared access: It means unbundling of the basic telephone service (it does not include terminals or other, additional and separately contracted products of the services) with the Access Operator with whom the Customer initially maintained the line and of all the services previously contracted with the Customer s Access Operator or other operators, or it means contracting of the basic telephony service with Orange by customers coming from other access operators. Customers who did not previously have a line will request the Free Pair with Line Sign-up mode. Customers who wish to keep their telephone number must request the portability of their line. - Completely unbundled access: It means unbundling of the basic telephone service (it does not include terminals or other, additional and separately contracted products of the services) with the Access Operator with whom the Customer initially maintained the line and of all the services previously contracted with the Customer s Access Operator or other operators. This type of service will only be offered according to existing technical and commercial viability. 6

7 Activation or Connection Period. Unbundled shared access: Orange will connect the service within a maximum period of 21 business days for customers who want to sign up without portability and 30 business days for customers who want to sign up with portability, all the aforementioned as from the time when a valid contract is signed and on the condition that the access operator complies with the deadlines established in legislation in force. A change of residence by the Customer will involve cancellation and sign-up for the service in accordance with legislation in force on the subject, and on the condition that not only is the Customer s new home within Orange s scope of coverage but also that unbundling of the new pair is viable. Completely unbundled access: The activation period of this service will be a maximum of 30 business days as from the moment when a valid contract has been signed Number portability and line sign s ign-up. With the direct fixed telephone service, a Customer can request to keep his telephone number (portability) as it is recorded in the contracting forms of said services, on the condition that neither the service is modified nor the geographic location changes. The Customer will be bound to inform Orange in writing of his desire to keep his telephone number by giving prior notice at least five business days in advance. If not, the Customer may be considered subsidiarily liable for the expenses that Orange may incur with the access operator for rental of the unbundled pair according to legislation in force. In the direct fixed telephone service in the Free Pair with Line Sign-up mode, a Customer who does not have any telephone line or who would like to have a new Orange line in addition to the one already contracted at his home will request a new telephone line from Orange and will thus record it in the pertinent contracting form INFORMATION ABOUT THE CONDITIONS THAT ARE APPLICABLE TO THE GEOGRAPHIC NUMBER PORTABILITY SERVICE Definitions. Holder: The natural person or legal person who is holder of the donor operator s telephone line and who contracts this service with Orange Espagne, S.A Single Member company (hereinafter called Orange). Donor Operator: The operator from which a number is ported to another, different operator. Initial Donor Operator: The donor operator who has been assigned the block to which the ported number belongs. In the event that the Holder of a ported number leaves the operator who provides him with the service, without simultaneously requesting sign-up for the service with another operator, said number will be once again assigned to the initial Donor Operator. Recipient Operator: Orange, as the operator with the obligation to facilitate number portability, requests from a Donor Operator, on behalf of and representing the holder and for a certain line or group of contracted lines, the portability of the number linked to said line or lines. Ported number: The geographic telephone number assigned by an operator (initial donor) to a holder, who has switched public telephone networks and keeps the same number initially assigned. Business time (for portability effects): A business day will be understood as workdays from Monday to Friday. Within a workday, the business schedule will be considered to be the period from 8:00 to 20:00 hours. It will be subject to the official calendar of national holidays and the corresponding regional and local holidays. Daily quota of portability requests: This will be understood as the maximum number of requests to keep a number because of switching operators, with a certain type of access, for which an existing operator guarantees the management and execution thereof. Said quota will be determined by legislation in force. Cut-over window: The period of time within which operators will make the necessary activations to proceed to switch over a Customer s services. During this period it will not be possible to guarantee correct operation of a service for a user Purpose: The portability service will be understood as the procedure whereby Orange puts through a request signed by the Holder for cancellation with the Donor Operator and simultaneous sign-up for Orange service, thereby keeping his number. 7

8 Request for service: A request for the number portability service will, in any event, be made by the Holder of the Donor Operator Authorisation of the Applicant: The request will mean express authorisation from the Holder of the telephone line to the Recipient Operator to make, on the Holder s behalf, all the necessary arrangements for authorising the request with the corresponding Donor Operator, subject to the appropriate verifications about the validity of the request and, if applicable, the procedures and notifications of the request for authorisation with the Donor Operator in the legally established manner, who must notify the Recipient Operator of the result of such request Activation: The user may use this box to specify the desired time to execute portability accepting a maximum difference of 30 calendar days from the application date and the date desired by the subscriber. If left blank, the maximum deadline for processing the application shall generally be 1 working day from the application date provided by the subscriber, except in the case where the change of operator implies the provision or modification of physical access associated to the numbering. In this case the portability deadline shall be included and subject to the provision of access, or requiring an additional day for the validation of the user s identity in the event of resale.. Orange will inform the User of the scheduled change window. The duration of the cut-over window will be three (3) hours, although it may be extended up to six (6) hours in the event that the pair is simultaneously unbundled. The Holder accepts a possible interruption of or limitation to the service during the minimum indispensable time established by legislation in force for performing the operator cut-over procedures Causes for refusal and postponement of the request: The causes for the refusal and postponement of this request will be those established in the technical specifications that are applicable to number portability on fixed networks approved by the Telecommunications Market Commission ( CMT ). The receiving operator may cancel the portability application of the user, on its request, at any time from the initial user application date until a certain time in the day prior to the execution of portability. Both the scheduled date and time of portability and the deadline time for cancellation shall be notified by the receiving operator to the user Data Protection: The holder expressly authorises the transfer of the necessary personal data to the operators involved in the portability process in order to keep his numbers, both the data included in the request and the data known by the operator with whom he has contracted the service Liability: ity: In those events in which, once this portability request has been made and activated, there were disturbances in providing the telephone service for causes unrelated and/or not attributable to Orange, such as the Holder not receiving calls or the incorrect delivery of calls made by the same, and in particular when the causes were due, in accordance with legislation in force, to the inadequacy of the networks of third-party operators involved in the portability process, Orange is relieved of all liability of any type that could be derived therefrom. Without prejudice to the aforementioned, Orange will make every effort to determine and inform the Holder of the origin of such disturbances with respect to providing the contracted telephone service PARTICULARS ABOUT LOOP UNBUNDLING FOR DIRECT VOICE SERVICES Definitions. Access Operator: The operator who provides the access line. Currently, Telefónica de España S.A.U. (Movistar) is the dominate operator in fixed public telephone networks, and as such it is obligated to adopt the necessary measures for allowing access to the subscriber loop, although in the future any other operator who may be designated for such purpose could be such operator. Beneficiary Operator: For the purposes of this appendix, it is Orange, as the operator who is entitled to unbundle the subscriber loop under the terms of its license, who thus requests it from the traditional Access Operator on a certain line or group of lines contracted by a subscriber or on a free line or lines. Orange Customer: a natural person or legal person who signs this pair extension request with unbundled loop access, hereby authorising the Beneficiary Operator to carry out, on his behalf, all the necessary procedures with the Access Operator so that his voice and data traffic, or only data if applicable, is placed through the Beneficiary Operator according to the selected Unbundling Mode and in accordance with legislation in force on the subject. The Customer may be a Subscriber of the telephone lines to be unbundled or a future subscriber in the case of free lines or a free loop. Pair Unbundling mode: As it is set forth in Article 2 of the Subscriber Loop Regulations, fully unbundled access to the subscriber loop or sub-loop means: connection to the dominant operator s network, which allows other operators to exclusively use the elements that form a part of the subscriber loop or sub-loop or the free 8

9 loop or sub-loop. Shared access to the subscriber loop or sub-loop is understood as the following: connection to the dominant operator s network, which allows other operators to use the non-vocal frequencies of the spectrum on the subscriber loop or sub-loop, with the dominant operator continuing to provide the public fixed telephone service. All mentions referring to the Customer as the Subscriber or future subscriber will be understood as extended, if applicable, to the Representative of the same or to duly empowered persons Purpose: For contracting the direct voice telephone service, the Customer has authorised Orange to request that the loop be unbundled on the customer s behalf, which will involve a request to switch from the current operator Request for service: A request for the pair unbundling service will be made by Orange on behalf of the Customer, in any event once Orange s Customer has validated it (Subscriber of the access operator or future subscriber in the case of free pairs) Mode changes: In accordance with the procedures established by legislation in force at any given time, the Customer will be able to modify or change the types of Direct Voice Services that he may have contracted, thereby authorising Orange to change the selected unbundling mode, if necessary, according to the following section Authorisation for Orange by the applicant: The Customer s validation of the Loop Unbundling request will mean that the Customer expressly authorises Orange, as the Beneficiary Operator, to request on the Customer s behalf that the Access Operator unbundle the active loops or sub-loops or, if applicable, the free loops or sub-loops, subject to the appropriate verifications by Orange regarding the validity of the request, as well as express authorisation to perform all the procedures and make all the communications that might be necessary during the unbundling process Activation: Orange will notify the Customer of the effective unbundling date and time, when it is notified by the access operator to Orange Compatibility with other services: The option of fully unbundled access to the subscriber loop involves not only cancellation of the Customer as a subscriber of the service of Telefónica de España, S.A.U., therefore ceasing to be a Customer of said operator and ceasing to receive its services, but also the impossibility of using the services of other operators through the operator selection option. Conversely, the option for shared access to the subscriber loop does not involve cancellation of the public telephone service provided by Telefónica de España, S.A.U., wherefore the Customer remains a subscriber of said operator for the telephone service, all of the aforementioned in accordance with applicable legislation Causes for refusal and postponement of the request: The causes for refusing and postponing the loop unbundling request, in either of the two modes, will be those established by legislation in force at any given time and those that, if applicable, may be agreed by the Operators. The causes established by legislation in force are the following: cause of force majeure. the existence of another request in progress for the reference pair. there is no record of a sharing agreement with the co-located operator, referenced to a disallowed type of request (unbundled access is requested, but the subscriber has indirect access; shared access is requested on an inactive pair). the request simultaneously involves a change of mode and transfer. there is no free pair, if it has been requested. unavailable internal wiring. unavailable external wiring. incompatibility with the services supported on the pair. incompatibility with the services supported on the basic unit, according to the penetration rules of the deployment plan. incompatibility with elements on the pair (it is not possible to access a TRAC line). other causes agreed between the authorising operators and Telefónica. 9

10 the subscriber s service is suspended or interrupted due to the failure to pay. other causes due to a lack of correspondence between the data provided by the operator and those that the Access Operator has recorded. 4. GENERAL CONDITIONS ASSOCIATED WITH ORANGE S INTERNET ACCESS SERVICE 4.1. PURPOSE AND SCOPE The purpose of these Particular Conditions ( CPs ) of the Internet Access Service of Orange Espagne, S.A., Single- Member Company ( Orange Orange ) is to regulate the provision of said Service (the Service Service ) by Orange to its Customers, in both the Dial-Up mode ( Dial Dial-Up Service ) and in the ADSL mode ( ADSL Service ). When the Service is contracted, the Customer will be able to access a series of complementary products and/or services, which may be included in the Service and therefore be free of charge, or products that are additional to the Service and are therefore charged. The nature of each one of these products and/or services will be indicated in the commercial offers in force at the time of contracting, which products and/or services include but are not limited to the following: use of a personal account; hosting of the Customer s web pages on Orange s servers (personal pages); assignment of a URL address; registration in search engines; use of additional addresses; rental of FTP space and/or web space on Orange s servers; access to news, information and conversation (chat) with other users; and Orange Security services or other services that Orange provides, either currently or in the future. Wherever these CPs may be silent, the General Contracting Conditions (the CGs ) of ORANGE Services will be applicable. In the event of a discrepancy, the latter will prevail over the former. The Customer has read, understood and accepted the CPs prior to contracting the Services. Moreover, the Customer states that Orange has placed them at the Customer s disposal and states that he knows that said CPs are contained on the orange.es web page QUALITY OF THE INTERNET ACCESS SERVICE Without prejudice to the provisions already set forth in the general quality clause of the CGs of Orange Services, Orange offers Customers an additional Quality commitment in its Internet Access services, whereby the maximum interruption time of the Internet access service, in its Dial-Up mode within a billing period (one month), will be 48 consecutive hours as from the time that the Customer may have contacted our Customer Service Centre (hereinafter, the S.A.C. ) to report the existence of an interruption. The maximum interruption time of the Internet access service in its ADSL mode within a billing period, both in areas that are not covered by Orange s own network and in areas that are covered by its own network, will be 168 consecutive hours as from the moment when the Customer has contacted our S.A.C. to report the existence of a problem. In the events in which Orange, after analysing the problem that has occurred, concludes that the maximum interruption time to which it has committed in the preceding paragraphs has been effectively exceeded, it will compensate the Customer by the amount of one monthly fee of the contracted product. Said compensation will be made in the invoice corresponding to the billing period in which said compensation is notified and validated. Compensation applies to the main fee product (for example, the Flat Rate of calls or the ADSL fee) SCOPE OF RIGHTS AND OBLIGATIONS Without prejudice to the rights and obligations contemplated in the CGs, the Customer must know that when providing the Service, Orange does not guarantee the following: that it may be useful for performing activities other than those for which it was contracted; the infallibility thereof; access to all Internet sites; privacy and security in the use thereof; the lawfulness and veracity of the content that may be accessed through the same; the absence of viruses; or the veracity and validity of the personal data that the Customer makes accessible through the same. Likewise, Orange will not be directly, indirectly or subsidiarily liable for the following: products or services provided or offered by the Customer or by third parties or entities through the Service. content, information, communications or opinions of any kind that may originate from the Customer or from third parties or entities and that may be communicated through the Service. voluntary or involuntary access to or use, utilisation or execution of computer programs that exist on the Internet that may cause a change in the predetermined configuration of the telephone access. The Customer must know that such circumstance can cause the temporary or permanent connection to networks or services through numbers different from those indicated by Orange (such as international intelligent network and mobile numbers), which must be satisfied by the Customer. maintenance of the service, network breakdowns or Service suspensions or interruptions that originate from or occur on the access operator s network, who is solely liable for such situations. 10

11 all matters related to correct operation of the customer s own installations and devices (phone jacks, indoor wiring, telephone terminal, etc.), unless Orange performed the sale and/or installation of the same. Orange will be solely and exclusively liable for the Service that it alone provides. Said liability will be excluded if there are causes of force majeure, if the Customer s equipment is inadequately configured to allow correct operation or use of the Service and if there are any other causes that may beyond Orange s control. In any event, the amount of liability will be limited to an amount that is equivalent to the amount paid by the Customer for the Service. In no event will it be liable for a loss of income. Orange is not bound to repair terminals, telephone devices, computer devices or any other devices that are analogous or similar to the aforementioned, which in any event must have their corresponding certificates of official approval and comply with all legally required technical obligations and specifications. The Customer will be liable, and therefore may not file a claim against Orange, for damages, errors, failures, breakdowns, inferior quality, anomalies, deficiencies, unavailability, interruption, suspension and/or termination of the ADSL Service when they are due to acts or omissions of the Customer that are contrary to the provisions set forth in these CPs. In any event, the configuration and capacity of the Customer s equipment must be sufficient to allow correct use of the Services that the Customer contracts, and the latter is responsible for the correct installation thereof. Orange likewise informs the Customer that there are certain, relevant factors that could limit the effective speed that the customer might experience in his Internet access service, without prejudice to the use that the Customer himself may make of the Internet access service and also without prejudice to the equipment, which could also have an impact on the effective speed of the service. These relevant factors, beyond Orange s control, are the following: the type and model of the connection equipment (router/modem), unless Orange provides the equipment; the length and condition of the internal wiring at the customer s address; the distance from the telephone exchange; as well as the type, quality and condition of the wiring from the user s address to the telephone exchange; the data transmission protocol (management data occupy a percentage of the transmission capacity); and the external noise and interference that could affect the signal at the telephone exchange itself MINIMUM TERM COMMITMENTS Customers who contract offers with Internet access and those who may migrate from voice-only plus calls services or from the Service in its Dial-Up mode to another Internet access mode Service must accept a minimum term commitment. The Customer will be in breach of the minimum term commitment if he leaves the Service before the end of the agreed minimum term, for which the Customer must pay Orange the lesser of the following two amounts: an amount equivalent to the discounts recognised for the Customer within the framework of the contracted commercial offer and of the assumed minimum term commitment. For these purposes, the following will be considered discounts: Exemption from payment of the registration fee of the Internet access service, Internet + calls or Internet with Orange Line, the provision of connection equipment at no charge and any additional benefit that the contracted commercial offer may include; or the amount of the remaining fees until the agreed minimum term commitment is completed. "Remaining fees will be understood as the total of the Internet access + calls fee, in addition to the line maintenance fee in the offers in which the Customer pays Orange for the line. A Customer will be in breach of the minimum term commitment if he cancels the Service before the end of the agreed period, for which the Customer must pay Orange the amount established for this purpose. Said payment obligation will not occur in cases in which the Customer cancels due to a change of address and contracts another internet access line or in cases in which a Customer cancels due to a technical incident attributable to Orange. All charges for a breach of said minimum term commitment can be consulted at the official web page, PARTICULARS ABOUT USE OF THE SERVICE Use of the Service for unlawful purposes is prohibited, which includes but is not limited to using the same to carry out the following: any form of violation of the rights of third parties, actions (including the introduction of viruses or anything similar) that may cause or could cause unauthorised downloads of content or damages and/or alterations to the services provided by Orange or by third parties or to computer equipment and/or programs, including the files and documents they might contain, whether of Orange, of other Customers of Orange or of third-party service providers. unauthorised alteration or fraudulent intervention in the personal web pages, s or systems of other users or third parties. 11