Disclaimer
| GENERAL CONDITIONS OF PREPAID SERVICE (CARD) |
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TERMS AND CONDITIONS FOR PRE PAID SERVICE Before inserting and using the SIM card in your hand set please read carefully the following Terms and Conditions for Pre Paid Service. The telephone service activation after inserting your SIM card in the handset or the opening the pack that contains the SIM card implies the acceptance of the present Terms and Conditions. 1.- Subject Activating service by making a first call by dialling 232, EUSKALTEL, S.A. (here on the OPERATOR), puts at the customer disposition its Mobile Phone Service by means of a Pre paid SIM card and other complementary services present or available in the future, (here on: the service), as stated in the Service Information. The service will be provided in accordance with the tariffs determined and charged to the current balance and subsequent credit top ups made through all the options offered for that purpose. The SIM card is rechargeable during its valid operation period, before or after using the available credit. During the operation period of the SIM card making calls is possible if there is credit available. When the credit is used, making calls to emergency numbers will be possible, also to Customer Service at 222, and to the numbers 232 and 242. The CUSTOMER will be able to make and receive national and international calls. He will also have access to the voice mail free of charge when in Spain. Service to receive calls and to send and receive SMS messages will also be available when abroad. Making or receiving calls or the sending of SMS messages when outside of Spain will have a charge to the CUSTOMER’S credit in the countries and thorough the telephone operators with which the Service Provider has an agreement, in accordance to the information available at Customer Service (dialling 222). When the CUSTOMER is abroad and in the countries where the OPERATOR has national coverage agreements with the corresponding operator, it will be possible to receive calls and send SMS with a charge to the CUSTOMER’S credit. The CUSTOMER will pay the operator the amount for calls made and received when abroad in accordance to the charges and prices established for the Network used of foreign telephone service providers. These charges are not specified in the Network of the service provider. They will be charged to the customer in accordance with the conditions available at Customer Service. The detail of the origin of the calls made in roaming will not be available to the CUSTOMER. 2.- Tariffs and Prices The terms and conditions, offers or promotions that apply will be the current ones at the time the service is provided. Initially, the tariffs and terms that apply will be the ones that are written in the Tariff Information that is provided previous to the beginning of service. Any change in prices will be informed to the competent authorities and to the customer with at least a month in advance to the application date. Any concession, promotion and/or discount given by the OPERATOR on the service price will be limited to the specific conditions in which they were granted and at the moment at which the activation is effective. By no means will these actions constitute a precedent in favour of the CUSTOMER. The CUSTOMER is obliged to pay taxes and any other revenue or fee that legally derives from the service. 3.- Quality The minimum quality of the services offered by the OPERATOR, that will be current during the present year, are communicated to the competent authorities and published at the OPERATOR’S web page: www.vivamobile.eu . Likewise, the CUSTOMER may request a free document with the minimum service quality offered. This document will be sent by ordinary mail. If the OPERATOR does not fulfil the minimum service offer in accordance with Ordinance ITC/912/2006, the OPERATOR agrees to compensate the CUSTOMER when affected by lack of mobile phone service available to the public, or lack of data transmission services (Internet) in a period superior to seven (7) hours per month, in correlation to the CUSTOMER’S billing in that period. The CUSTOMER must inform the OPERATOR through a written declaration to the attention of Customer Service, in no more than ten (10) days from the moment that service was reinstated, that he has been in an area affected by service interruption at the time it happened. This information can not be in contradiction with the one in the OPERATOR’S information system. If the latter occurs, the OPERATOR will communicate this to the CUSTOMER. The compensation will be calculated and pay for with the following criteria: A) For Telephone Service: The OPERATOR compromises to compensate the CUSTOMER with an amount that will be, at least, equal to the larges amount of the following: a) The average of the amount billed for all the interrupted services during the three months prior to the service interruption, divided by the time the interruption had taken place. If the CUSTOMER does not have three months with the OPERATOR, then the average of the complete monthly bills will be taken for the calculation criteria. Or by the result of an estimated monthly bill in proportion to the consumptions made. b) Five times the monthly quota to be paid in the month in which the interruption occurred, divided by the time of service interruption. B) For Data Transmission Service (Internet) In case of interruption of Internet service, the OPERATOR will compensate the CUSTOMER with the amount that results from the average of the quantities billed for this service in the last three months divided by the time of actual service interruption. 4.- Coverage The OPERATOR will provide service only in the areas within Spain that have coverage. The coverage area information is provided to the CUSTOMER before activating service. The OPERATOR undertakes the responsibility to render service within the coverage area with the technology the OPERATOR has. In any case, the OPERATOR will not be responsible for service interruption due to geographical and/or atmospheric conditions that prevents service or makes it impossible. Also the OPERATOR will not be responsible for the contest of information that has not been created, known or provided by the OPERATOR or for those derived from supplementary services. The CUSTOMER must follow the instructions and communications from the OPERATOR regarding the proper use of services. Also, all current legal dispositions from the authorities regarding aerial navigation and traffic must be obeyed. The OPERATOR will not be responsible in case of circumstances out of his control, acts of terrorism, nature or God, or when public order must prevail. 5- Data Transmission (Internet) By means of the SIM Card and the use of adequate equipment the CUSTOMER will be able to send and receive data through GPRS/UMTS/HSDPA technology when available. For the data transmission service the CUSTOMER will pay the quotas and tariffs that apply according to the volume of data sent and received. The CUSTOMER acknowledges that he has been informed that the SIM card has a default tariff set for data transmission. The OPERATOR will not be responsibly for the contents of any kind included in Websites, Web/Wap, or Webpages available to the public in general. This applies whatever the technology used to connect or access them or the information, products or services offered or render by others than the OPERATOR. Likewise, the Operator will not be responsible, not even in an indirect or subsidiary manner for the services, products, contents, opinions, or any other issues of any kind created or transmitted by third parties and that are accessible through Web/Wap pages. The CUSTOMER accepts to leave the OPERATOR free of any responsibility regarding the quality, accurateness , or morality of the data, programs, information, or opinions, whatever their origin, that are available in its Network or the Network the customer may visit or access through the OPERATORS Network service. The CUSTOMERS assumes under its own responsibly the consequences, damage, or actions that may derive from the access of the contents above mentioned and also for their distribution and broadcasting. The OPERATOR will not be responsible for the infractions of any CUSTOMER that affects the rights of other CUSTOMERS or OPERATORS, or of any other third party, including Copy Rights, Brands, and Patents, confidential information or any other right regarding Intellectual or Industrial Property. The OPERATOR may, under its own criteria and with no ground to a compensation of any kind, interrupt immediately and without notice, Internet access and service, and if needed, remove all illegal contents from its Network. If by any means the OPERATOR learns that the CUSTOMER is violating third party rights: rights to intimacy, honour, self image, communication secrecy, intellectual or industrial property, data protection, etc. etc. or that the OPERATORS server is being used, for example and with no restrictive character, to: a) The broadcasting or distribution, announcement, etc. of any material, issue or information with illegal contents, obscene material, pornography, abusive or defamatory contents, or against the moral standards or public order. b) The inclusion or introduction of any kind of virus, applets, controllers, Active X, defective files, or any other software or program that may cause damage or unauthorized modifications of the contents, software programs or accessible systems thorough the Network and/or Internet service. c) To fraudulent alter or intervene Web pages or personal pages, e-mails or other users without authorization from them. d) Sending massive or repetitive e-mails (spam) to any third party be it an OPERATOR’S CUSTOMER or not, or to the OPERATOR’S servers. e) The inadequate or unlawful use regarding the normal use of those services that may be rendered such as: Chat areas, Net Meetings, News groups, Forums, etc. The OPERATOR will be sole responsible for the services render exclusively by him and of the contents created directly by him, identify by his Copy Right. This responsibility is void in the case of mayor force our forces out of the OPERATORS control occur, or when the configuration of the CUSTOMERS equipment is not the adequate to allow for the use of the services render by the OPERATOR. The CUSTOMER assumes the responsibility to adopt the necessary security measures to avoid the infection by virus and other unwanted intrusions. The OPERATOR in no case will assume any cost or recognise compensation for damage or economic loss that may derive from those third party intrusions by Internet. By the use of the adequate handsets, the CUSTOMER will be able to access his e-mail. The access to the e-mail inbox to check the reception of e-mail is considered as data traffic and it will be charged for in accordance with the current tariffs. It is advisable that the CUSTOMER sets the automatic e-mail reception function according to its needs. 6.- Compensation for Temporary Service Interruption. A. Compensation for Temporary Mobile Telephone Service. In the event that the mobile phone service is interrupted, the OPERATOR will oblige to compensate the CUSTOMER in an amount, at least, equal to the largest amount of the following: c) The average of the amount billed for all the interrupted services during the three months prior to the service interruption, divided by the time the interruption took place. If the CUSTOMER has not three months with the OPERATOR the average of the complete monthly bills will be taken for the calculation criteria. Or by the result of an estimated monthly bill in proportion to the consumptions made. d) Five times the monthly quota to be paid in the month in which the interruption occurred, divided by the time of service interruption. THE OPERADOR compromises to automatically compensate the CUSTOMER in the next month of the service interruption when such interruption is liable to compensation for an amount superior to one Euro. The compensation will be done by crediting the balance of the CUSTOMER’S SIM card. In case of interruptions due to mayor forces, the OPERATOR will compensate the CUSTOMER by returning the amount of the quota and others expenses independently to the traffic made, considering the average by the time the interruption took place. Not withstanding what has been said, the OPERATOR will not be responsible for bad service in the following cases: a) When a CUSTOMER, or the persons under his care, severely dishonour the terms and conditions of this contract, especially those regarding payment delay. b) For the damages produced in the Network due to the CUSTOMER use of faulty equipments that have not been approved by the current norm and standards. B. Temporary Interruption of the Data Transmission Service (INTERNET) In case of interruption of the Internet service, the OPERATOR will compensate the CUSTOMER with the amount that results from the average of the quantities billed for this service in the last three months divided by the time of actual the service interruption. The compensation will be done automatically the following month to the service interruption, regardless if the interruption was continual or dis-continual, and the interruption was superior to six hours of service in a time schedule from 8:00 to 22:00 hours. The compensation will be made in the card’s balance by increasing the credit. The compensation will not apply when the temporary service interruption is due to one of the following: a) By the CUSTOMER severely dishonouring this contract. b) Because of damage cause to the Network by the CUSTOMER’S faulty equipment connection or by the use of equipment that has not been approved by the current norm and standards. C) DETERMINATING THE CUSTOMERS AFFECTED BY INTERRUPTION OF THE MOBILE TELEPHONE SERVICE OR INTERNET ACCESS. Service interruption in an area affecting a CUSTOMER will be considered according to the following: a) The OPERATOR learns through his information systems that the said CUSTOMER was located at the affected area when the service interruption occurred. b) When the service interruption affects the area where the address that appears in the contract is located, and the OPERATOR knows by his information systems, that the CUSTOMER is not located in any other area at the moment of service interruption. c) When the CUSTOMER informs the OPERATOR through a written declaration to the attention of Customer Service, in no more than ten (10) days from the moment that service was reinstated, that he has been in an area affected by service interruption at the time it happened. This information can not be in contradiction with the one in the OPERATOR’S information system. If the latter occurs, the OPERATOR will communicate this to the CUSTOMER. Compensation for service interruption, international calling coverage services (roaming), or other services is fully excluded when they are rendered by other operators and these services are not collected by the Network OPERATOR. 7.- Top Ups To Top Up the current balance of the Pre paid service the OPERATOR has available the following possibilities: a) Scratch Cards b) Cash Points c) Telephone Top Up using a Credit or Debit Card. d) Electronic Top Up e) Top Ups at the Viva and Euskatel distributors 8.- Access to the Consumption Information The CUSTOMER may have access to the consumption information of his telephone line through the OPERATOR’S web page: www.vivamobile.eu . To that end, he should ask the OPERATOR for a personal access code. 9.- SIM Card When signing up the CUSTOMER will receive a SIM card that will give access to service. The SIM card is property of the OPERATOR. A secret id number will be assign to the CUSTOMER. This number must be dialled in the handset to make it function. The CUSTOMER is responsible for keeping this number secret. The OPERATOR has a right to limit the amount of active SIM cards and telephone numbers to service one title holder, or to limit the number of telephone numbers associated to a specific tariff. The present conditions do not apply for the use of SIM cards in any device other than mobile devices. For any other use a previous and specific authorization from the OPERATOR is needed. Under the principle of neutral technology and since the SIM card is associated to a personal id number and a telephone number, all communication done through that SIM card or access code will be considered as done by the CUSTOMER or with the CUSTOMER’S consent. Therefore, he will be held responsible in accordance to these General Terms and Conditions and the current law. The CUSTOMER agrees that any telephone instruction given to the OPERATOR during the actual basic contract and supplementary service contract duration will be considered as facts and proof. In case there is a controversy regarding the communications made by the CUSTOMER, both parties agree that the registered data generated or stored by the computer services associated to the service provided will constitute proof, unless the CUSTOMER provides a different proof. The use of services and functions provided are the CUSTOMER’S responsibility. The OPERATOR does not assume any responsibility for any loss, robbery, wrong use or degradation of the SIM card or the access codes. Any wrong use made by the CUSTOMER or third parties will be responsibility of the CUSTOMER as with all data traffic and communications done thorough the SIM card or access codes. Nevertheless, the OPERATOR may take the actions at his hand to avoid any damage to the CUSTOMER, after the CUSTOMER has identify himself and requests actions to be taken according to his personal circumstances. This is so from the date the CUSTOMER has contacted Customer Service. It is necessary for the CUSTOMER to contact Customer Service to inform of a real or suspected SIM card or access codes loss or robbery, or if the CUSTOMER finds out a third party has the access codes or may use the SIM card property of the OPERATOR. Also a complaint to the proper authorities has to be placed in case of SIM card loss or robbery. In case of SIM card loss or robbery the OPERATOR will provide the CUSTOMER with a new SIM card in the shortest time possible. Unless the OPERATOR decides to give the CUSTOMER more favourable conditions, the CUSTOMER will have to pay the amount due for the SIM card replacement according to the current conditions. If the CUSTOMER recuperates the lost or stolen SIM card, he should return it to the OPERATOR: The SIM card should be returned to the OPERATOR when he requests it, when he has replaced it, for technical or operational reasons to improve service, or when service is permanently interrupted. The OPERATOR will replace the SIM cards that have defects or that are not fit to be used according to the terms specified by the current law. The OPERATOR will provide free substitution or repair during, at least, twelve (12) months from the date the SIM card has been handle to the CUSTOMER. The above does not apply in case of CUSTOMER’S inefficiency, negligence, or inexperience. The Sim card has a valid life period of nine (9) months from the moment the first call is made or the last top up was done. The SIM card will allow one more month of call receiving. To avoid SIM card deactivation and the loss of the telephone number assign to it and the remaining credit, it is necessary to top it up, at least once, within the said nine (9) months period. 10.-. Personal Data Protection. The customer acknowledges to have been informed of the existence of the OPERATOR’S obligation for the CUSTOMER’S personal data registration. The data that must be registered for a Prepaid SIM card buyer is: CUSTOMER’S name and surname, nationality, and official id document number. The data must be credited for by showing the personal id document. If the CUSTOMER is a company the registration will include the internal revenue id number, and the company’s registration and identification code. From the moment of the prepaid SIM card activation the OPERATOR upon request of the corresponding authorities, will yield the said data in accordance to: “Disposición Adicional Única de la ley 25/2007, de 18 de octubre, de conservación de los datos relativos a las comunicaciones electrónicas y a las redes públicas de comunicaciones.” (Data Registration Disposition 25/2007, from October 18, for electronic and public communication networks). 11.- OPERATORS OBLIGATIONS The OPERATOR will be obliged to: a) Give the CUSTOMER service within the coverage zones established. b) To have the necessary technical means and capacity and to organize the availability as to effectively ensure service, according to the OPERATOR’S technical means. The secrecy of communications will be in accordance with the Spanish Constitution, withstanding the possibility of intervention from the Judicial Authority in the given cases. The OPERATOR will be free of all responsibility that may derive by the acquisition by the CUSTOMER or third parties of recorded telephone communications, or the used made of them, from publicity, and in general from all actions or omissions that are no attributed or beyond the control of the OPERATOR that bridge the confidentiality or secrecy of telephonic communications. c) To attend to complains and queries on service that the CUSTOMER may have. d) Manage in the shortest period of time the repair of damage in the infrastructure needed to give service, whether the causes for failure or damage are due to the OPERATOR or not. e) To manage the CUSTOMER’S telephone number in accordance with the law and with the terms established by the Telecommunication Market Commission (Comisión del Mercado de Telecomunicaciones), not withstanding what has been said in the present Terms and Conditions. f) To manage the deactivation and access to services configured as free services, of services with additional cost, and access to international calls. The CUSTOMER must contact the OPERATOR ten (10) days in advance of the date in which the deactivation should take place. In case the deactivation is not performed after the said period of ten (10) days for reasons beyond the CUSTOMER’S control, the expenses derived form the services requested to be deactivate will be under the OPERATOR’S responsibility. The OPERADOR will have a right to: a) Collect from the SIM card credit balance the amounts, according to tariffs, that the CUSTOMERS owes for service as stated in these Terms and Conditions. b) Make as many changes as needed to give service and service management. For technical conditions of the systems, installations or CUSTOMER devises to sustain or improve service. To inform the CUSTOMER in advance if needed. c) To restrain service in accordance with the use, consumption, or irregular payment. d) To manage service interruption according to the law. When the CUSTOMER has disloyal conduct, bad faith, or performs acts that may endanger or damage the Network or imply a fraudulent, unlawful, or improper use of service, or that has the intention to disturb other CUSTOMERS. e) To manage service interruption in case the OPERATOR’S licence validity period is over, or when it is revoked by law. In these cases the CUSTOMER has no right for compensation unless it is for services given before the licence revoke. 12.- All communication regarding service will be made by SMS, unless it is possible to better communicate them by telephone. This applies to present or future service communications. 13.- The CUSTOMER may contact the OPERATOR once it has identify himself, through the Customer Attention Service. The CUSTOMER will be able to communicate his complains on service, price, collection, invoices, responsibilities due to damage or any other query regarding service within a month from the time the CUSTOMER learns of the fact that motivates the call to Customer Attention Service. The CUSTOMER may contact Customer Attention Service from his handset by dialling 222 or by dialling 901440088 (or the number that could substitute it), or by regular mail. The document should be addressed to: “The attention of Viva Mobile, Reclamaciones. PLAZA SAN JOAN Z/G, 20269 ABALTZISKETA (GUIPUZKOA). Also the CUSTOMER may use the OPERATOR’S web page: http://www.vivamobile.eu If the complain is made by phone to the Customer Attention Service, the CUSTOMER may ask for a written document to credit the complaint’s contents and presentation date. Once the complaint has been made and if the CUSTOMER does not receive a satisfactory answer from the OPERATOR within a month, the CUSTOMER may direct the complaint to the Spanish State Secretary for Telecomunications and Information Society: “Secretaría de Estado de Telecomunicaciones y para la Sociedad de la Información.” 14.- The CUSTOMER may gather more information through the Customer Attention Service by dialling 222 from his mobile phone or by dialling 901 44 00 88. The present Terms and Conditions may be modified by the OPERATOR and the up to date version could be picked up at the authorised distributor’s location. The declaration of any part of these Terms and Conditions as null, void or invalid, will not affect the validity of the other contents of these Terms and Conditions that will stand as binding for the OPERATOR and for the CUSTOMER. The relationship between the OPERATOR and the CUSTOMER will be regulated according to the Spanish law. 15.- Service Permanence Compromise In a given case, the CUSTOMER may subscribe an annex to the present contract by which the CUSTOMER compromises to a time binding condition of a given period of time as a consequence of getting advantages, discounts, or equipment at a promotional price. In which case, the rights and obligations derived from the subscribed annex will also be applied to the OPERATOR and to the CUSTOMER.
EUSKALTEL, S.A. |