Business Contract

   Private Contract

GENERAL TERMS AND CONDITIONS FOR POST PAID SERVICE BETWEEN THE CUSTOMER AND EUSKALTEL

Signing the present contract for post paid mobile phone service implies the acceptance of the present Terms and Conditions. The Terms and Conditions are in accordance with the General Telecommunications Law 32/2003 and the norms for its development and in accordance with the current law regarding Consumer and User Protection and with the General Conditions for Contracts. ( Ley 32/2003, General de Telecomunicaciones, y normativa de desarrollo, y de conformidad con las Leyes vigentes en materia de defensa de Consumidores y Usuarios, y Condiciones Generales de la Contratación).

1.- SUBJECT

By the present contract of undefined duration, but with the possibility of contracting for a minimum period or time binding permanence as stated in the annexed document, EUSKALTEL S.A. (OPERATOR) will render Mobile Phone Service to an individual or to a Company as stated in the first page of this contract. Euskaltel S.A. will provide Mobile Phone service for voice calls and data transmission in accordance with the options in the first page of this contract, regarding service information in accordance with the tariffs and within the limits of the credit, if so agreed with the Customer, for the duration of the present contract.

The service is intended for the Customer as the final user. Reselling or commercialization of these services by any means is prohibited, unless written permission is obtained beforehand from the OPERATOR. Also, contracting the service by the Customer is in no way an authorization to act as a virtual mobile phone provider or to use or give any kind of service that may never be understood as implied by the signing of the present contract. Therefore, the Customer will refrain from manipulating or altering in any way and by no means any elements, equipment or installations that may provide service in any other way than as a final user.

2. 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 largest 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.

3.- SERVICE TARIFFS.

Services for voice and/or data traffic used by the Customer will be billed according to the prices, quotas, bonuses, and if that is the case; minimum consumptions with the  tariffs and general or particular conditions, offers and promotions current at the time the service was used.

Initially, the tariffs that appear in the information documents given to the customer when signing this contract will apply. Any concession, promotion, and/or discount on behalves of the OPERATOR on the service price will be limited to the specific circumstances and conditions in which they where granted. By no means will these actions constitute a precedent in favour of the Customer. 

At every billing period the Customer may change tariff plan with no cost. Successive changes will yield a charge of 6 Euros. Nevertheless, if the customer has accepted a permanence compromise in a given tariff plan and wishes to change tariff plan before the time binding compromise has expired, the Customer will compensate the OPERATOR with the stipulated amount.

En caso de otorgarse al CLIENTE descuentos en factura o la aplicación de Tarifas que In the event that the Client is granted discounts or the application of rates which involve time bands without any cost to the Client, flat rates or a maximum invoicing limit
for telephone traffic time or volume, these shall be incompatible with any system which involves the concentration, transformation or conversion of calls or traffic, in such
case the Operator reserving the right to either terminate the contract or to invoice the Client for the traffic actually issued and/or without applying such limitations or discounts.

The OPERATOR has the right to change flat rates or limited billing amount plans by time or volume for telephonic traffic, according to the rise that the Customer Price Index experiments in an annual basis. The Customer Price Index is published by the National Statistic Institute (or the Institution that may substitute it in the future).

The Customer is obliged to pay taxes and any other revenue or fee that legally derives from the service. 

The Operator compromises to inform of any changes in this contract and specially so regarding tariff changes will be informed to the competent authorities at least ten (10) days in advance and to the customer with at least a month in advance to the application date. The notice to the Customer may be done through a message in the customer’s invoice directing him to the OPERATOR’S web page www.vivamobile.eu or by any other alternative method. In case the Customer asks for a written communication regarding the change, he will be provided with it at no cost. The usage of service by the Customer after the communication has been made will be considered as acceptance of the new conditions. 
 

4.- INVOICES AND PAYMENT.

The OPERATOR will bill the Customer in accordance to the choice made by the Customer for the amounts that should be paid for the service use. The invoices will be sent to the last address the Customer has indicated the Operator in writing. Sending invoices through Internet is also possible if both parties agree to it.
The OPERATOR’S billing management in which the process for invoice and collection are included is certified according to the ISO 9001:2000 norm standards, and it is periodically audit by an external company.
In the invoices the amounts to be paid will be broken down. The amounts to be paid for the services used by the Customer, promotions, discounts, and other terms and offered by the OPERATOR and the taxes and fees will be shown in the invoice for payment.
When the Customer has identify himself, he may request from the OPERATOR the invoices with no item breakdown, and obtain the independent invoices for the basic service and if that is the case, for the superior tariffs in agreement with the current law. With no damage to the Customer’s right to get an invoice with no item breakdown, the OPERATOR will brake down the invoices in the items regarding services, support and/or additional services and the part belonging to other services that have a special tariff, and if possible, showing the identity and the internal revenue number of such service providers. If case the OPERATOR doesn’t know the said identity the OPERATOR will inform of the network operator identity for those additional tariff services so that the Customer may contact him directly for the identity required.
The Customer compromises to pay the OPERATOR the amounts for the calls made and received while abroad in accordance to the charges or prices established for the network use of foreigner mobile phone operators when they are not included in the tariff in the network of the service operator and billed to the Customer by the OPERATOR in the invoice according to the specific terms and conditions for international call coverage (roaming) provided to the Customer by the Customer Service Centre and the Viva Mobile web page: www.vivamobile.eu
No details of the origin of calls received while in roaming will be provided by the OPERATOR.
In accordance with the post paid service, payment will be made thorough bank collection by the domiciliation of the customer’s invoices to his bank account. The Customer obliges himself to have enough credit in his account to pay the amounts due to the OPERATOR. It is also possible to pay in cash at the OPERATOR’S office located at: Parque Tecnológico, Edificio 809, Derio, Bizkaia. This choice of payment should be expressed by the Customer.
The financial institution in which the Customer’s account is located will receive the payment notice from the OPERATOR with the amount due to be paid. The invoice will show the due payment date. By default the billing for service will be monthly according to the services used in the past period, unless the Customer and the OPERATOR agree on a different time table. 
Nevertheless, the OPERATOR may bill and sent for immediate collection of the amount or remaining amounts when:

• The Customer exceeds the predetermine payments.
• Service interruption when the cancellation of the contract takes places
• The Customer fails to fulfil the present General Terms and Conditions for service.

The invoices that are not paid for when schedule due to reasons that have nothing to do with the financial institution where the Customer’s account is located will yield interest rates in accordance with the law.  In case where the amounts due are not paid for through the Customer’s assign bank account, the Operator has the right to demand for the payment of any charge or commission for the unpaid amount. To this purpose, a maximum of 2% of the unpaid amount is established with a minimum charge of 2 Euros. The OPERATOR may proceed to immediate collection from the credit or debit cards provided by the Customer for that purpose, or the necessary voluntary deposits or other guaranties provided by the Customer.
The OPERATOR will bill monthly the amounts should be pay for service. If for technical reasons it would be impossible to bill the Customer in the immediate period after the due payment, the OPERATOR may present the invoice for payment in the next periods.
The OPERATOR may bill for immediate invoice payment if: (i) The agreed credit amounts are surpassed. (ii) when service is interrupted or suspended. (iii) If the Customer fails to fulfil the present contract. (iv) In cases of fraud or risk of payment default.
The Operator may ask for amounts in advance in account of billing in an amount according to the services requested and/or the consumption volume estimated by the OPERATOR and agreed upon by the Customer. These prepaid amounts will not yield interest in behalf of the Customer.  If the amount for the calls exceeds the prepaid amount the OPERATOR may bill and charge the due amount or remaining amount for immediate payment. 
When the prepaid amount is received by the OPERATOR the due receipt must be issued and it should be clearly detailed in the invoice.
When the contract expires, the OPERATOR will give back the amounts paid in advance once the due diligence is completed and the amounts due are paid for, including roaming services. The amounts paid in advance may be used to pay for any debts pending when the contract expires.

5.- PAYMENT GUARRANTE.

Once the Customer has signed up, the OPERATOR from then on and at any given time may do the following to insure payment:
a) Ask the Customer for a cash deposit or a bank guarantee.
b) Assign a credit limit to the Customer.
c) Restrain services that have a higher tariff, such as: additional tariff services, international services, superior tariff services.
These measures are justified, among other reasons when:
- There are amount due by the Customer from any contract, current or not with the OPERATOR or a third party.
- The constant or frequent delay by the Customer to make payments, the risk of fraud or unlawful use of the service.

In any case the list of reasons is not a limit to the OPERATOR’S possibility to take the measures it sees fit in accordance with this contract terms and conditions.

In case a deposit or bank guarantor is needed, the Customer may choose any means he sees fit to do so, but must show to the OPERATOR proof of having met this condition. To this purpose, the Customer has fifteen (15) days to show proof or to pay the amounts due. Regarding the assignation of a credit limit or service restriction the OPERATOR only needs to give the Customer notice in advance.

In case guarantees are needed due to payment delays for any contract, the deposit will be returned to the Customer when he has proven than for the past year there has been no payment delay of the invoices sent to the Customer by the OPERATOR.
In any case, the guarantee or deposit will never be larger than the average estimate consumption made by the Customer in a three (3) month period.

In all other cases, the guarantee, the credit limit or the service restriction will disappear as soon as the OPERATOR notices that the causes for those measures have disappeared.  If a Customer has debts and decides to cancel service or asks for a Title Holder change, the OPERATOR may execute the guarantees for the total amount of the debt and the remaining credit will be at the Customer’s disposition. If the Customer has paid all invoices the deposit will be fully credited to him.
The term to return the Customer’s deposit is fifteen (15) days, considered from the next day the conditions to return the deposit are meet.

6.- SERVICE SUSPENSION.

If the Customer does not pay partially or fully the amounts due, the OPERATOR has the right to restrict outgoing calls and/or interrupt service and additional services that are part of this contract and that are specified in the unpaid invoice. The said restriction or service interruption could be done the next day of payment default.
 
The OPERATOR will carry out all the necessary actions to reinstate service the next day proof of payment is received. The Customer will pay any charge for service reinstatement if there is one.
 Service suspension will only affect the services that have not been paid for. If additional services, Internet service, or any other additional service is left unpaid, service suspension will only affect those unpaid services.

A Customer may challenge the payment for additional services. If the bill for telephone service is paid for, but the additional services payment is not made, the OPERATOR may interrupt service only for the unpaid additional services. In such case, the creditor may use the usual means to collect the amounts due for those additional services. To insure that service is not definitively suspended or  interrupted, the Customer must place the complaint as stated in Condition 12 of this document with proof of the amount due.

7.- SERVICE TERMS AND CONDITIONS.

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.

A. Compensation for Temporary Service Interruption. 

In the event that the mobile phone service is interrupted, the OPERATOR will be 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 dishonours 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 the actual 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 if 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 CUSTOMER was located at the affected area when the service interruption occurred.
 b) When 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.

8.- DATA SERVICE.
 
The Customer is obliged to make a proper use of the national data service and roaming
GPRS/UMTS/HSPA in any of the fashions available. The following are considered to be inadequate use of the service:

- The use of service to transfer voice on an IP (VoIP) or the traffic to share files among users (P2P peer to peer).
- To exceed monthly more than 15 GB in GPRS/UMTS/HSPA traffic in the OPERATOR’S network with any of the current tariffs.

In case service misuse is detected, the OPERATOR has a right to interrupt or suspend service, end service and take the suitable actions to stop/avoid such misuse.

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 requested, when replaced, 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...

10. SAVING OPPORTUNITIES.

Saving Opportunities are those products that the Customer may acquire through monthly payments. These products will allow access to a certain kind of savings or cheaper tariffs for certain kinds of calls.

For these kinds of products a 1.000 monthly minute limit per phone has been established. The minutes can not be accumulated or transfer to another telephone number. There is a also a limit of 150 different call receivers regardless if they are landlines of mobile phone numbers, or if the products has destiny or time tables restrictions.

11. DATA TRANSMISSION.

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.

12.- COMPLAINS.

The CUSTOMER may contact the OPERATOR once it has identified 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 Telecommunications and Information Society: “Secretaría de Estado de Telecomunicaciones y para la Sociedad de la Información.”

13.- COMMUNICATION SECRECY.

To have the necessary technical means and capacity 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.

14.- PERSONAL PROTECTION DATA .

In accordance with the Personal Protection Data, the OPERATOR informs the Customer of the existence of personal data file (automatic or manual) created by the OPERATOR. This file is under the responsibility of the OPERATOR and the data may be used for commercial, maintenance and management purposes in accordance with this contract. 

 The file will be used to the ends acknowledge in this contract and in the signing up papers that are part of this contract.

The Customer accepts the use of these data files for the commercial promotion of products and services from the OPERATOR.
These data may also be used for information, training, and market and opinion studies or polls.
The OPERATOR informs the Customer that at any given time the consents granted in this clause or in the sign up sheet may be revoked.
The OPERATOR informs the Customer of the necessity to fill in the data in the signing up sheet as part of the present contract, without this data the OPERATOR will not be able to render service. The OPERATOR also informs the Customer of the data that are not compulsory and that should be filled in only if the Customer is willing to do so.
The OPERATOR has the right to make sure of the Customer’s paying capacity and to confirm the accuracy of the personal data submitted. This may be done by himself or by others acting on the OPERATOR’S behalf. Access to all kinds of files of personal data is permitted if it is done according with the current law.
The OPERATOR informs the Customer that in case of payment default of the amounts due for the services rendered in the terms agreed upon and in accordance with the current law and regulations, the data relative to payment default may be communicated to the defaulter files.
The OPERATOR through the Users Manual informs the Customer of the functions and features for caller identification restriction (hidden number) and the Customer Attention Service number.
The OPERATOR also informs the customer of his rights to access, rectify, oppose, and or cancel the personal data provided according to the: Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal and other norms regarding personal data protection.  The Customer must contact the OPERATOR by mail indicating the petition made and a photocopy of a valid id document, to: VIVA MOBILE, PROTECCIÓN DE DATOS, PLAZA SAN JOAN Z/G, 20269 ABALTZISKETA (GUIPUZKOA).
The OPERATOR is obliged to keep in secrecy all personal data and to adopt all the necessary measure to insure the privacy of all personal data files and keep them from alterations, getting lost or stolen, unauthorized access, according to the current law and regulations.

15.- CESSION TO A THIRD PARTY.

The service contracted is for personal use. The Customer is obliged no to transfer this contract or the rights and obligations derived by it without written consent for the OPERATOR. In case the OPERATOR grants a title holder change a charge to the Customer may be in order, in accordance with the current tariffs.
Company merges, splits, or cession of some services to third parties made by the OPERATOR. It will suffice to communicate such changes to the Customer.

16.- CONTRACT CANCELLATION.

The present contract is for an undetermined time period. It may be cancel due to one or more of the following:

a. If the OPERATOR’S licence to render service expires. This does not grant the Customer compensation or right of any kind.
b. If any on of the parties involve does not comply with its obligations.
c. If the Customer decides to cancel. This decision should be communicated before hand through a written document. Cancellation will take place in at least two (2) working days from the document reception. The Customer should contact by mail to: “VIVA MOBILE”, BAJA DEL SERVICIO, PLAZA SAN JOAN Z/G, 20269 ABALTZISKETA (GUIPUZKOA).
In case the Customer hasn’t returned a sign copy of this contract to the OPERATOR within ten (10) days from the time the Customer received the contract, the OPERATOR has the right to cancel the contract.
d. By causes of mayor force
e. 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:
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.
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.
To fraudulent alter or intervene Web pages or personal pages, e-mails or other users without authorization from them.
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.
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.

Under no circumstances the cancelation of this contract will exonerate the Customer from the payment obligation due to service used up to the moment of service interruption by the cancelation of this contract.
Besides what has been established in this contract, the OPERATOR may use the judicial means to collect due payments or for damages derived by the Customer’s conduct. This also applies to amounts due for equipment purchase, or not returned, or returned with damage (in appearance or by use).
The Customer may demand for damages or loss due to the OPERATOR’S performance. This applies to the unduly or to over charged amounts.
In case a contract is cancelled due to Customer’s debt for service and in the future the Customer requests service again, the Customer must paid the current signing up quota and the amounts due, including the administration expenses, legal fees, etc. that may have derived for judicial or extra judicial actions to recuperate the due amount. The OPERATOR has the right to refuse offering promotions, discounts, or any other offer or benefit to a Customer that has been in debt for services and contracts again the OPERATOR’S Services. 

17.- LEGISLATION AND APPLICABLE LAW.

The Customer contract with the OPERATOR in accordance with what is established at all times by the Spanish current laws for mobile phone service.
The contract and its terms may be changed by the OPERATOR in any given moment, but the Customer must be informed in advance with at least a month’s notice. In any case, 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.
If the Customer does not agree with the notification received, the contract may be cancelled within a month from receiving the notification. If a month goes by with no communication from the Customer regarding the changes made, it will be taken as consent to them. Information on the new changes made may 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.

18.- 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.

19.- CONTRACT CANCELATION WHEN A WAY.

Supposing a customer is at a remote location and  has contracted  a service through a telephone call, a third party, or by the OPERATOR’S web page, then the Customer has a right to cancel such contract in the next seven (7) days from the time of document reception for the new service is received.
To proceed with the cancellation, the Customer must get in touch with the OPERATOR through Customer Attention Service by dialling 222 from his mobile phone, or by dialling 901 440088 (or the number that may substitute it in the future).

EUSKALTEL, S.A.
Parque Tecnológico Edificio 809
48160 Derio (Vizcaya)
Inscrita en el Registro Mercantil de Vizcaya, Tomo 3.271, Folio 212, Hoja BI-14727, inscripción 1ª.
CIF: A-48766695