Terms & Conditions

BLU SO EASY GENERAL CONTRACTING CONDITIONS

1.General Conditions of Fixed Service Installation
A. GENERAL CONTRACTING CONDITIONS.
SPOTTING BRANDS TECHNOLOGIES S.L. with registered office at Avenida de Bruxelles, 38 – Alcobendas, Madrid – CIF B86779584. Registered in the Mercantile Registry of Madrid, Volume: 31,466, Folio: 98, Section: 8, Sheet: M-566373, Inscription: 1, commercializes the telecommunications services provided by XFERA MÓVILES, S.A.U., Telecommunications Operator with registered office at Avenida de Bruxelles, 38, 28108 Alcobendas (Madrid), Spain, and CIF A-82528548, (hereinafter “Service” or the “Services”)
We remind you that, in accordance with Royal Decree 899/2009, of May 22, which approves the letter of rights of the user of electronic communications services, the consumer has the right to terminate the contract without any penalty in the event of non-acceptance of the new conditions and/or rates.
These general conditions replace any previous general conditions that differ in their content and/or obligations, which will be without effect.
The contracting of the services object of this contract (jointly, the services), where appropriate, provided or facilitated by SPOTTING BRANDS TECHNOLOGIES S.L and/or *third parties, and marketed through SPOTTING BRANDS TECHNOLOGIES S.L under the BLU SO EASY, S.L. and domain www.blu.es, implies acceptance of these general conditions, which have been prepared in accordance with current regulations and which, without prejudice to any other particular conditions, are the only ones applicable to the provision of services to consumers. and end users, both natural and legal persons (hereinafter, the client).
*Third parties will be those through which SPOTTING BRANDS TECHNOLOGIES S.L. will provide its services subject to these GCC, and in those areas where SBT so determines.
Notwithstanding the foregoing and for practical purposes, SPOTTING BRANDS TECHNOLOGIES S.L and/or the third parties of SPOTTING BRANDS TECHNOLOGIES S.L mentioned above, will be designated jointly as “SBT”.
1. OBJECT
These general contracting conditions (“CGC”) will govern the relations between the client of the service and SBT in relation to the contracted services. As consideration, the client must pay SBT the amount of the contracted service according to the rates in force at any time. The customer may only use the service as an end user, and is therefore not authorized to resell telephone or Internet traffic, nor to market or assign the service. The reading of the CGC by the client is a necessary condition prior to the activation of the services, and implies the full and unreserved acceptance of each and every one of the provisions included in these CGC, which are also published on the website. www.blu.es.
2. CONTRACT MODIFICATION
These CGC may be modified at any time by SBT when there is a change in the service, the applicable conditions and rates or in the current regulations that are applicable. SBT will notify the competent bodies in the matter at least ten (10) days in advance and the client one (1) month in advance of their entry into force. The communication to the client will be made at least through the website www.blu.es, or alternatively by SMS or by any other means that is considered appropriate and that allows for proof of such modification and of the new rates, and all of this without prejudice to the fact that the client may request that the communication be made by any additional means available. The continuation in the use of the service by the client from the communication of the modification will be considered as acceptance of the same. The client agrees to notify SBT (e.gr. via the web, customer service, etc.) of any change in the contract data, especially those corresponding to the billing address and the bank account where the payments are made.
3.ADDRESS AND NOTIFICATIONS
For the purposes of notifications, the address of the client will be considered to be that which appears in his request to register for the requested service, and as the operating address of SPOTTING BRANDS TECHNOLOGIES S.L. Brussels Avenue, 38 – Alcobendas, Madrid – CIF B86779584. Notwithstanding the foregoing, and also for the purposes of notifications, the client accepts that SBT send certified communications via SMS to the telephone numbers that the client himself provides when contracting the services (either as a contact number or to the number registration resulting from the contract itself), as well as via email to the address provided by the client in the same way, so that any notification received by the client through these means will be considered as irrefutably made by SBT.
4.DESCRIPTION OF THE SERVICES
Fixed telephone service: The fixed telephone service, which will be provided over the corresponding line and associated technology (i.e., ADSL, fiber optics, voice over IP), allows the customer to receive and make calls on their line, as well as other facilities basic and associated additional services.
Mobile telephone service: This service includes the provision of the telephone service for mobile calls and the associated electronic communications services (including the mobile Internet access service) and associated value-added services that the customer requests.
To provide this service, SBT will provide the customer with a SIM card that can be used in any unlocked mobile device. The service will be provided in the national territory. Outside of it, the customer can receive the service by requesting the activation of the mobile telephone service from abroad, (“roaming service” or “roaming service”). You are informed that your registration in the aforementioned service may imply the collection of special rates in your communications received and made abroad according to the regulations in force at any time.
Broadband internet access service: This service includes, regardless of the technology used: (i) broadband internet access with 24-hour browsing at the contracted access speed.
Due to the technical characteristics of the service, said speed is maximum, that is, SBT cannot guarantee at all times the access speed that the client has contracted; and (ii) the associated additional services.
For fixed telephone and mobile telephone services, if the client does not have a number, SBT and MASMOVIL will assign one. The fixed and mobile telephone services of SBT and MASMOVIL include, where appropriate, the portability of the telephone number that the client had with his previous operator. To do this, the client must request it by completing the portability request, so that the portability of fixed or mobile telephony services can be processed in their previous operator. The portability will be carried out in accordance with the portability processing processes established in the respective technical specification document of the administrative procedures for the conservation of the numbering in the event of a change of operator, approved by the National Commission of Markets and the Competition.
The Services are offered to you solely as an end customer and for use based on good faith. In particular, by way of example and not limitation, it is not allowed:
a) The use contrary to Spanish laws, or that infringes the rights of third parties or the proper use of services that are only for personal and particular use of the client, being responsible for controlling access to the themselves.
b) The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
c) The collection and/or use of personal data of other users without their express consent, or contravening the provisions of current regulations in Spain and the EU regarding the protection of personal data.
d) The resale of traffic or services or the commercialization or economic exploitation of the same by any means or system.
e) Communication with numbers dedicated to call routing, that is, that offer as a commercial service the routing of the call to another number other than the one called.
f) The objectively irregular or fraudulent use of services, such as “baby monitors” or “walkytalky”, or excessive use of the line, understood as excessive calls lasting more than 1 hour on average or chained calls to one or more destinations for more than 6 hours; calls only, or mostly, to premium rate or value added services; use of the services to send unsolicited commercial communications; sending large messages to block foreign servers; carrying out unsolicited communications when they can be classified as irregular traffic. In particular, the client must not use the services to send a mode provided by the client, so any notification received by the client through these means will be considered as irrefutably made by SBT.

REASONABLE USE RULES APPLICABLE TO ELECTRONIC COMMUNICATIONS SERVICES
To guarantee the proper use of electronic communications services, the following rules of reasonable use will be applicable, whose breach by the client or the existence of reasonable indications of said breach will empower SBT, prior notice to the client, to exclude him, automatically , of the rate or commercial promotion contracted and/or restrict access to future SBT commercial promotions and/or, where appropriate, automatically resolve the CGs of MASMOVIL’s mobile communications services in force. These reasonable use rules are, by way of example and not limitation, the following:
SBT’s electronic communications services are incompatible with: making calls or sending SMS whose origin and destination are not directly end users; communications made from devices other than the mobile phone or through specific services such as, without limitation, Red Box, Router and M2M. The use of the SIM card on which the service is provided, such as Sim-box or mass call router, or other telephone traffic concentration elements designed to make mass calls or for traffic rerouting services or that constitute traffic sinks.
The use of spam, messages (SMS, MMS, etc.) sent in bulk that harm other users is prohibited. Intensive and continuous use that may cause or cause congestion in the SBT network and/or that is destined for special voice, data and SMS services, such as subscriber information numbers, additional rate services, premium SMS, is prohibited. , personal or nomadic numbers… that may harm or harm SBT and/or other users.
Abnormal and/or excessive use of the services is prohibited. For these purposes, it will be understood that there is abnormal and/or excessive use when it is carried out in accordance with unusual calling patterns or sending messages that differ from that made by the average of customers who have contracted the same products.
In these cases, SBT may terminate the contract or temporarily block the affected services until the circumstances of the irregular use of the service are clarified, or change the rate, after notifying the client.
In the latter case, the client may terminate the contract with respect to the specific service in the terms agreed upon therein.
5.RATES, BILLING, PAYMENTS AND PROMOTIONS
The corresponding prices and charges will be applied to the services according to the rates and other general and/or particular conditions, offers or promotions in force at any time. Any modification of the rates will be communicated to the client by any means that SBT deems appropriate so that the client is aware of such modification and of the new rates. The client will have these rates available at all times on our website. Access to emergency services is free.
The invoice will be monthly and will break down the basic service, as well as the rest of the services contracted by concepts invoiced within each service, including those corresponding to the assumptions of sale or assignment/rental of equipment. If for technical reasons it is not possible to invoice the client in the month immediately following the accrual, SBT may invoice it in the following months.
Subscription fees will be billed for anticipated or expired monthly periods as appropriate. The metered services will be billed for monthly periods, according to the consumption made in the previous month. The foregoing is applicable without prejudice to what is indicated in the specific contracting conditions of each Service of these CGC.
In fixed telephone and fixed broadband internet services, monthly subscription fees include network maintenance up to the PTR (network termination point, in the case of XDSL) or PTRO (optical network termination point, in the case of XDSL). the case of fiber optics).
The first invoice will include a fee for signing up for the contracted services and installation of the equipment and terminals for their provision, the amount of which will be determined based on the type of contract. This fee will not be refundable in any case. As appropriate, they will also contain the price of the equipment purchased and the configuration of the services, unless the payment of said price is deferred or deferred, in which case it will include the proportional part corresponding to the first month based on the number of months of deferred payment.Likewise, it will include the recurring fees that are applicable from the moment the service is activated within the invoiced period.
In this first invoice, the prorated amount of the period between the effective day of registration of the service until the end of the month will be included. In the particular case of contracting fixed or mobile telephone service with a request for line portability, the date on which said portability becomes effective will be taken as the effective day of service registration. In the last invoice of the fee, regardless of the day on which the Service is unsubscribed, the entire fee for the current month will be invoiced.
Likewise, an invoice will be issued for the appropriate traffic excesses. The customer’s claims due to billing do not justify the delay in the payment of the invoices claimed. Invoices not paid when due will accrue default interest equal to the legal interest on the money, the expenses caused by the return of the receipt and other administrative expenses that can amount to a maximum of twenty
(20) euros (VAT included), without prejudice to the other consequences that may arise from non-compliance, among others, the inclusion of your data in asset and credit solvency files. The application of an amount lower than the maximum does not imply the obligation for SBT to maintain it, and this may vary due to different factors, for example, the recurrence of non-payment.
SBT may use for the collection of the amounts owed, if the client so authorizes it, the data related to the credit or debit cards that have been provided by the client; Likewise, SBT may execute the deposits, bonds and/or other guarantees established in the particular conditions for the cases permitted by law. The client expressly consents with the acceptance of the CGC that SBT can issue the invoices corresponding to the service in electronic format (electronic invoice), having access to them through their personal online area, accessible with the access codes that SBT will provide in at the time of purchase or by email if requested. The client may revoke this consent at any time, having the right to request the issuance of invoices free of charge on paper. To make this revocation, you must communicate it in writing to customer service. If at the end of the contractual relationship, regardless of the contracting modality, there is a balance in favor of the client, he may request its return. SBT may deduct the administrative and management expenses that may accrue according to the current rates at any given time. The client will also be entitled to this compensation right when the balance is in favor of SBT. SBT may, in order to guarantee compliance with the client’s obligations:
1. Ask the customer for an advance, or make an additional charge to his account immediately, for the amounts accrued to date.
2. Ask the client for an unpaid cash deposit.
3. Request a bank guarantee, for an amount never greater than the estimated average of three months of consumption per service.
4. Restrict the customer to services with higher rates, additional rates and international services.

This type of action may be carried out, among others, in the following cases:
a) The credit limits established in your case are exceeded.
b) The suspension or interruption of the service occurs due to any of the causes provided for in these CGC or the contractual resolution.
c) Breach of these GTC by the client.
d) In case of fraud or unauthorized use of the service according to these GTC.
e) Objective risk of non-payment, understood as such, for example, the declaration of insolvency proceedings. SBT reserves the right to entrust the billing and payment of the service to third parties that are linked to the distribution channels that, in its name and representation and by express delegation of the same, will issue and collect the corresponding invoices for customer service following SBT instructions.
In the event that the client has financed the services provided by SBT, which are the subject of these GTC, with a third party, said third party will be in charge of collecting the financing fees until the termination of the financing contract. Notwithstanding the foregoing, in the event of excess consumption by the client, SBT, or a third party linked to its distribution channel to whom it entrusts said task, will be responsible for directly invoicing said excess to the client.
The consumptions made by the client (measured in minutes or in megabytes, depending on the service) that exceed or are not included in the rates and/or bonuses contracted, will be invoiced by SBT according to the prices in force at the time of incurring said consumption, which will be published on the SBT website and available to customers at distribution points.
5.1.SUSPENSION AND INTERRUPTION OF SERVICES
SBT may suspend the contracted service in the following cases:
a) When the customer has not met his payment obligations or has exhausted his balance and/or exceeded his credit limit.
b) If the client provides SBT with personal data that is not true, is deliberately incorrect or the identity of a third party is usurped.
c) When the client makes an irregular or fraudulent use of the service.
d) When the customer has used a means of payment fraudulently or there is a reasonable risk of fraud.
In any of these cases, SBT will contact the client, prior to the suspension of the service, to inform him of the existence of a breach of the CGC and of the economic consequences derived from a possible temporary suspension of the service.
SBT may temporarily suspend the services in case of total or partial delay by the client in the payment of the services, whether they are mobile telephony, fixed telephony or broadband internet access, from the date on which it becomes aware of such circumstance, prior notice of 48 hours to the client in which they will be informed of the date from which the suspension will take place, and it cannot be carried out on a non-business day.
The suspension will only affect the services in respect of which payment has been incurred in arrears.
The suspension of the service does not exempt the client from the obligation to continue paying the monthly installments. In case of temporary suspension of the telephone service due to non-payment, it will be maintained for outgoing emergency calls, as well as for incoming calls, with the exception of reverse charge calls and those of the mobile telephone service when abroad. SBT will restore the suspended service within the business day following the day on which it is aware that the amount owed has been fully paid, together with the associated financial expenses and the established re-engagement fee, and has received proof of payment thereof to info@blu.es for your reconnection.
In the event of temporary suspension, if the client had filed a claim with the Consumer Arbitration Boards, in the event that SBT submits to them, or with the Secretary of State for Telecommunications and the Information Society, SBT will not will suspend or interrupt the service while the claim is being substantiated and the client reliably records the amount owed, delivering the corresponding receipt to SBT.
The reconnection of the services will be carried out in accordance with the conditions in force at that time, and you must pay the current fee for this concept. During the suspension period, SBT may remove the rented equipment from the customer’s home.
The client may formally request, fifteen (15) days in advance of the desired date on which it takes effect, the temporary suspension of the landline telephone service and broadband internet access through a communication addressed to the customer service to the client or through the additional mechanisms established for this purpose. The duration of the suspension shall not be less than one (1) month nor more than three (3) months per calendar year. The delay in the total or partial payment of the SBT bills for more than three (3) months or the temporary suspension of the services on two (2) occasions, due to late payment, will entitle SBT to the definitive interruption of the services. services and the corresponding resolution of the contract. In any case, the service may be interrupted in accordance with current regulations when there is a deficiency caused by the client and that affects the integrity or security of the network or the provision of services to other clients. This measure will cease when the client performs and communicates to SBT the disconnection of the equipment subject to the deficiency.
SBT may occasionally interrupt the services in order to carry out improvement work, repair work, equipment changes… although said interruptions will be as brief as possible and will be carried out, preferably and whenever possible, during times of minimum consumption. The client accepts the need to consent to such interruptions and that SBT will not be obliged to compensate him except for the amount of compensation provided for in this contract that corresponds.
5.2.SPECIFIC CONSIDERATIONS IN THE CASE OF FINANCING
In the event that the client has financed the services provided by SBT, which are the subject of these GTC, with a third party, said third party will be in charge of collecting the financing fees until the termination of the financing contract. In case of financing of the installments by the client by the corresponding entity, SBT will issue the invoices in the client’s name, discounted at 100%. Once the contracted financing period has elapsed, SBT will issue invoices for the corresponding amount based on what the client contracted with SBT. Notwithstanding the foregoing, in the event of excess consumption by the client during the financing period, SBT, or a third party linked to its distribution channel to whom it entrusts said task, will be responsible for directly invoicing said excess to the client. In the event of non-payment, regardless of whether the client has financed the installments or not, SBT will be the one empowered to claim them by any means provided by law. In the case of installment financing, the client will not be able to access the option of temporary suspension of the service mentioned in the previous section.
5.3.PROMOTIONS
In the event that the client contracts any promotion offered by SBT, this will be governed, apart from those contained in this contract, by the following conditions: The validity of the promotions consisting of the application of a discount in the rate for the contracted services will be subject to the permanence of the client for a minimum time of 12 months in WiMAX services and 24 months in fiber optics and LTE so that, if the customer unsubscribes before said period, SBT reserves the right to claim from the customer the amount equivalent to the discounts enjoyed by virtue of said promotion. If the client has taken advantage of any promotion or discount for the service registration necessary for the provision of the contracted services, the validity of the promotion will also be linked to the permanence of the client for the time specified in the promotion, in a that if the client unsubscribes from the contracted services before said term, SBT reserves the right to apply to the client a penalty equivalent to the real price of the service registration prorated for the months remaining for the fulfillment of the permanence commitment. The rates subject to promotion may not be modified to a lower rate or promotion during a period of 24 months. The promotion will apply to the client from the date on which all the contracted, activated and operational services are available to the client. In the event that the client has chosen to contract the financing of the services that are the object of the promotion, the contracted rate may not vary during the term of the financing contract. SBT promotions or offers may not be combined with others that are in force until they end in accordance with the provisions of this contract.
6. EQUIPMENT
Depending on the contracted services, it is possible that the equipment acquisition regime, that is, sale or rental, is determined by SBT, which will be previously communicated to the client for acceptance. The client will be solely responsible for any claim arising from the installation, operation and maintenance of equipment that is not owned by SBT.
6.1 SALE OF EQUIPMENT

6.1.1 Customer equipment for the provision of broadband internet service (i.e., antenna, router, etc.) : The customer may purchase any of the equipment that is marketed in its case. by SBT in said modality, under the conditions established in this contract. SBT will install and/or configure the purchased product. The coverage of the wireless devices installed in this equipment will be limited by the internal structure of the customer’s home, without SBT being responsible for the fact that the customer cannot access the service from any point within his home, or for the consequences that for him may arise from the use of the supplied equipment under these circumstances.
SBT is also not responsible for unauthorized access to its wireless network by third parties.
With the acquisition of any of said equipment, the client obtains a guarantee of twenty-four (24) months from the date of installation, at no additional cost. During this period, if the purchased equipment has a fault that prevents its operation, SBT will repair it or provide you with the same or similar equipment, without any additional cost.
Once the aforementioned twenty-four (24) months have elapsed, the client will be able to enjoy an extension of the guarantee by paying the corresponding monthly fee. We advise you that, if you do not contract the warranty extension at the same time you purchase the equipment or if, while enjoying this service, you have unsubscribed from the warranty extension, you will not be able to contract it later. The extension of the guarantee will imply that you will continue to enjoy the same guarantee, under the same terms and conditions, during the period in which you pay the corresponding fee. If the customer has any kind of problem with his equipment, and it is under warranty, he should contact our customer service. SBT will not be liable for any type of incident once the warranty period has elapsed. Said incidents will be resolved in accordance with the manufacturer’s regulations (shipping costs, repair, home visit, etc.) and will not exempt you from your obligation to pay the amounts that you must pay to SBT for the service during the repair process for the manufacturer of your equipment. In no case does the guarantee cover failures attributable to the Client due to incorrect manipulation or configuration carried out on the equipment or due to any other negligence attributable to him, or for damages caused to said equipment by third parties and/or entities of intentionally (i.e., sabotage…) or due to fortuitous causes (i.e., incidents in the electrical network, adverse weather…) or force majeure for reasons beyond SBT’s control, in which case the client will pay as a penalty the amount of fifty and nine (59) euros VAT. included.

6.1.2 Telephone terminals: The client can choose to purchase fixed telephone terminals for the corresponding price according to the models we offer. These terminals will enjoy the guarantee that, where appropriate, is granted by the manufacturer. In any case, the repair or replacement of the terminal during the warranty period will not imply the start of a new warranty period. In no case does the guarantee cover failures attributable to the customer due to incorrect handling or configuration carried out on the equipment or due to any other negligence attributable to him. For the mobile phone service, the customer can use any free terminal they want. However, we inform you that certain terminal models may be incompatible with the roaming application necessary to make calls from abroad. Regarding these terminals, the guarantee of origin or DOA will be fifteen (15) days, with the manufacturer’s guarantee being determined by the manufacturer in each case.

Exchanges: The client can buy the exchange for the corresponding price according to the models that, if applicable, are offered by SBT. In this case, as in the case of the sale of telephone terminals, the switchboard acquired by it and its price will be specified on the front. This equipment will enjoy the guarantee that, in each case, is granted by the manufacturer. In any case, the repair or replacement of the terminal during the warranty period will not imply the start of a new warranty period. However, if the client wishes, he may contract a maintenance service with us whose characteristics will be the same as those established for the case of equipment rental.
Equipment rental: Subject to existing offers at any given time, the customer may contract the rental of certain equipment, including: customer equipment (i.e. antenna, router…), landline telephone terminals, switchboards, etc. For the rental of said equipment, the client must pay the fee established on the face of this contract or in the rates. SBT will deliver and install said equipment, whose ownership will belong to SBT at all times, and the client will be responsible for its proper use and custody, committing not to damage, lose, sell, manipulate or make technical modifications to them. In particular, the client must not, under any circumstances, open or access the internal devices of the rented equipment or, in any case, manipulate or replace them for fraudulent use. SBT will repair the rented equipment free of charge as long as i) the client has not improperly manipulated the same, made technical modifications to it or caused damage on purpose or acted negligently and ii) the damage caused to said equipment has not been caused by third parties. people and/or entities intentionally (i.e., sabotage…) or due to fortuitous causes (i.e., incidents in the electrical network, adverse weather…) or force majeure. At SBT’s option, SBT will replace or repair the faulty equipment that it removes from the customer’s home and, in the event of repair, will temporarily lend similar equipment until the repaired equipment is reinstalled. The services outlined do not include the correction of faults that come from their own willful or negligent action or omission, and the client must pay, according to the current rates, the cost of these repairs amounting to fifty-nine (59) euros VAT. included. In any case, SBT may replace the rented terminals in the future, for technical or operational reasons, for others with similar features.
Return of equipment: Upon termination of the contract, whatever its cause, the client will be obliged to return the equipment and terminals in perfect condition for use and operation, without prejudice to wear and tear due to normal use. of the same, which, where appropriate, have been rented or have been provided by SBT and have not been acquired by it, in accordance with the procedure stipulated by SBT and within a maximum period of fifteen (15) days from the formal date of resolution. In the cases in which i) the client does not return the aforementioned equipment within the established period, or ii) there is evidence of deterioration or manipulation of the same, SBT will apply to the client a penalty of one hundred and fifty (150) euros VAT. included stipulated as compensation for non-compliance with his obligations, once the indicated periods have elapsed or on the previous date on which these facts were recorded. Regardless of the foregoing, SBT will maintain its right to require the customer to return the rented equipment and to carry out for this purpose whatever steps are necessary for its recovery, including its claim by judicial means, as well as the demand for the appropriate compensation. Likewise, in the event of termination of the contract or that the client voluntarily cancels the provision of services by SBT and the client reliably claims it and returns the equipment in good condition within the stipulated period, there will be no obligation to pay any except the amount of the debts accrued and not settled for the provision of the service, within a maximum period of one (1) month after the correct reception of the equipment. Regardless of the cause, the client will be responsible for the expenses derived from the uninstallation of the equipment, as well as the possible costs of delivery to the address and delivery to SBT personnel.
GENERAL CONDITIONS FOR INSTALLATION OF THE FIXED TELEPHONY SERVICE AND BROADBAND INTERNET ACCESS
7.1 TECHNICAL REQUIREMENTS
SBT may provide a client with the requested services as long as certain technical requirements are met (i.e., minimum signal level at the subscriber’s home) that must be verified by the installer of the service prior to its effective installation. SBT will inform the client of the existing limitations, as well as the specific requirements for the provision of each contracted service. If, prior to the installation of the equipment or the activation of the service, incompatibilities or breaches of the technical requirements referred to above are detected, SBT may reject the request and deny the provision of the service, as long as said incompatibilities are not resolved or breaches. Likewise, in the event that said rejection is due to causes attributable to the client, it will imply the obligation to pay for the expenses and costs incurred by SBT.
7.2. LINE INSTALLATION AND ACTIVATION
SBT will proceed to the initial connection of the service within thirty (30) days following the date of contracting, provided that there are no technical limitations for it.
The client will pay a fee for registering for the contracted services and installation of the equipment and terminals for their provision, the amount of which will be determined based on the contracting method. This fee will not be refundable in any case.
In addition, SBT may require the collection of an additional amount when the installation is more burdensome than usual in the industry. The basic installation varies depending on the technology used:
• WIMAX: installation of 50 linear meters, from the antenna outlet to the final location of the router, as well as all the equipment and connectorization necessary for the correct start-up of the service.
• FTTH: Installation of 100 linear meters, from the connectorization in the CTO to the final location of the router, as well as all the equipment and connectorization necessary for the correct start-up of the service.
In the event that additional material to that described is needed, the minimum amount to be paid must be €69. Any use of auxiliary machinery for the installation will be invoiced to the client.
Where appropriate, the installation carried out by SBT at the customer’s address has a guarantee from the activation of the service, excluding from said guarantee damages and defects caused by events beyond SBT’s control, due to improper or unusual use of the installation, manipulation, modification, or repair by third parties not authorized by SBT, negligence, accidents, flooding, electrical surges, lightning and force majeure. In such cases, the billable amount for the work carried out by the installer to restore the service will be €49 + VAT.
The client authorizes and will facilitate the entry to his home of the technical staff of SBT or its contractors to carry out the tasks required inside and/or outside of his home, in order to carry out the proper activation and provision of the contracted service (i.e., installation and connection of receiving equipment, modifications, technical inspections, maintenance operations, location or repair of breakdowns, disassembly or removal of equipment owned by SBT), and in any case that is necessary.
The conditions of installation and activation of the service will depend on the type of line on which it is provided (i.e., WIFI, ADSL, fiber optics), and will be adjusted according to the needs of the service at all times. SBT will provide access to the corresponding service only in those places where it has adequate infrastructure for it. You can check the coverage areas on our website or at customer service.
The client may only connect receiving equipment or terminals to the network that are certified and approved for the contracted service. Otherwise, the associated maintenance and quality guarantees will not apply.
Once activated, the service will continue as long as the cancellation or change of ownership of the contract is not communicated to SBT, or an incident arises that ultimately results in its termination.
8. COMMITMENTS AND GUARANTEES
Commitments and guarantees assumed by SBT: SBT guarantees the quality required by current regulations and committed to the administration, regarding the services provided.
The client can always resort to our technical assistance service if he detects any anomaly or deficiency in the provision of the service, in any of the modalities offered and contracted services.
Maintenance of the service: SBT will carry out the integral and free maintenance of the service in the part that affects its own telecommunications network and for this purpose will make its customer service available to manage incidents . Notwithstanding the foregoing, if there is a temporary interruption of the service for reasons attributable to SBT, the customer will be entitled to a refund or discount of the amount of the subscription fee and other fixed fees corresponding to the affected service, prorated for the period the duration of the interruption. The maximum limit of this discount for all incidents occurring in the same month, together, will be the amount of the monthly fee for the affected service. The applicable discount will be compensated to the client automatically in the invoice for the month following the month in which the incident occurs.
In the event of non-compliance with any of the aforementioned commitments, the client must submit the appropriate claim in accordance with the provisions of the “claims” section of these GTC.
Given the characteristics of the internet environment, SBT cannot guarantee the maximum speed that may have been contracted at all times. Likewise, it is not responsible for the content of any information accessible through Internet services, nor for the ease of the databases available through this means, the suitability of the questionnaires or information search methods, nor the adequacy of the Internet services, or their contents, to the expectations or needs of the client. Likewise, SBT will not assume any responsibility in relation to the consequences that may arise for the client from the use of Internet services, either due to the information that he himself enters in the network or from the use of transaction services or exchange, or for any other reason related to the content of Internet services.
The compensations cited in this section will not apply when the temporary interruption has occurred due to a serious breach by the client of the contractual conditions, especially in the event of fraud or late payment, when there is damage to the network and /or in the client’s equipment due to a faulty configuration of the same or its insufficient capacity to support the computer systems essential to make use of the service, or when the aforementioned interruption is due to reasons attributable to third parties and/or well-known entities. intentionally (i.e., sabotage…) or due to fortuitous causes (i.e., incidents in the electrical network, adverse weather…), or due to force majeure, situations of extreme urgency, such as labor convicts or lockouts, wars, operations military, civil unrest or any other situation of a similar nature. In particular, SBT is not responsible in any way for incidents arising from the particular conditions existing in the specific location where the customer’s home is located (i.e., SBT cannot guarantee the customer that the wireless signal will not be interfered by other devices using the same frequency). Likewise, it will not assume any responsibility in relation to the consequences that may arise for the client from the use of the supplied device under these circumstances.
Guarantee of the equipment sold: SBT will provide a guarantee for the equipment sold to the customer as described in these GTC.
8.2 COMMITMENTS AND GUARANTEES ASSUMED BY THE CUSTOMER:
Use of the contracted services: The client undertakes to respect any applicable regulations in the use of the contracted services, and will be exclusively responsible, in particular, for any infringement of intellectual property rights or property industrial (patents, trademarks, “copyright” or others), interference in private communications, computer attack or preparatory act for it, obtaining confidential information, as well as any other illegal act or, in general, that causes or may cause damages or losses for SBT or for third parties and that occurs on the occasion of the use by the client of the contracted services, or the use of the service that SBT makes available to them by third parties and/or entities. It will be considered that there is a breach of the contract by the client if the client, or third parties, use the contracted services in a way that could harm the image of SBT, incur in an abusive use of the service that exceeds the usual parameters of the market for a use personal (for example, bulk download) or commit any of the violations mentioned in this agreement. The client must adopt the necessary precautions in order to preserve their files and computer systems from possible unwanted access by third parties. Taking into account the characteristics of the internet, SBT cannot be held responsible for the privacy of the messages that the client receives or transmits through internet services.
Permanence commitment: When applicable, in accordance with current rates and conditions and in cases of subsidized purchase or assignment/rental or under advantageous conditions for the customer of the equipment or terminals, linked or not to said purchase or assignment to a specific price plan and/or the application of certain discounts, the client agrees to remain in the services contracted with SBT during the period established or communicated and accepted by it at the time of contracting (face-to-face, telephone and / or electronic) and under the conditions detailed for that purpose. This period begins on the date of your contract. In the event that the client terminates this contract with respect to all or any of the contracted services before the end of said period, thereby breaching the commitment assumed, the client must pay SBT the amount established in the obverse or that was communicated and accepted by the client at the time of contracting, all due to the loss of the advantages made available to them and that are conditioned to their permanence. In the same way, it will happen in the event of illicit use of the service, non-payment of consumption, change of the price plan to another with a lower consumption commitment or with a lower fee, cases in which you must pay SBT the corresponding amount based on both the commitment acquired, as well as the time remaining to fulfill it, and up to the maximum that is detailed on the title page (indirect taxes not included), all of this as compensation for the fact of not responding as agreed and in consideration of the benefits previously received. In the event that SBT cannot provide the service due to technical reasons beyond the control of the client, the client must return the equipment and terminals delivered by SBT in accordance with the provisions of section 6.3 of this document.
Guarantee deposit for transfer of equipment (unpaid): When applicable, the client must pay this guarantee deposit in cash once the service has been contracted and the corresponding equipment installation (after having previously been verified by the installer that the necessary technical requirements are met), as consideration for the transfer of equipment in its favor by SBT during the term of the contract. Said guarantee deposit will be returned to the client within the established period if, whatever the reason for termination of this contract, the client claims it and returns the equipment assigned in good condition within the stipulated period, discounting (in its case) the amount of the debts accrued and not settled for the provision of the service. As indicated, in those cases in which i) the client does not return the assigned equipment within the established period, or ii) there is evidence of deterioration or manipulation of the same, SBT reserves the right to execute this guarantee in its favor as compensation for the breach of the client’s obligations, once the indicated periods have elapsed or on the previous date on which these facts were recorded. Regardless of the foregoing, SBT will maintain its right to require the customer to return the assigned equipment and to carry out for this purpose as many procedures as may be necessary for its recovery, including its claim by legal means, as well as the demand for the appropriate compensation.
Guarantee deposit for the provision of services (unpaid): Likewise, SBT reserves the right to require the client to set up a cash deposit in guarantee for the provision of services, both at the time to contract as during the term of the contract, if it had left one or several invoices unpaid in previous or current subscription contracts with it, if it repeatedly incurs delays in the payment of our invoices, or in those cases of existence of fraud detected Certainly, all this to ensure compliance with this contract. The amount of the deposit will be, respectively, the sum of the amount of the last three unpaid or invoiced invoices or, if there were fewer invoices, the result of multiplying the last one by three. This guarantee deposit (unremunerated) may be constituted, at your option, in cash or by means of a bank guarantee. SBT will require you by any means to record its receipt, granting it a period of fifteen (15) days for its constitution or, where appropriate, payment of the pending amounts. Failure to make the deposit within said period will empower SBT to carry out the suspension of the service. If, after a period of fifteen (15) additional days from the time the client receives a second request, the deposit is not made, SBT may cancel or reject the registration request. Once the deposit has been constituted for any of the above reasons, it will be returned to the client, within a period of fifteen (15) days since, either it is proven that in a year there has been no delay in the payment of invoices, or when it has proof of full payment of the amounts owed. If, due to pending debts, the service is canceled or a change of ownership is requested, SBT may execute this guarantee on the client for the total amount of the contracted debt. If all bills have been paid, the deposit will be returned in full. For the rest of the services, a deposit or guarantee similar to that indicated may be requested. This guarantee may be common to the different products or individual with respect to from each of them. The guarantees will be maintained during the term of the contract and, upon expiration of the contract, SBT will return them with a deduction, where appropriate, of the amounts invoiced and not paid.
9. CUSTOMER RIGHTS

9.1 RIGHT TO DISCONNECT
On the other hand, regarding the fixed and mobile telephony service, the customer has the right to disconnect certain services, including, at least, international calls and calls to services with higher rates, especially to premium rate services. To do this, you must request our customer service to activate the outgoing call control service, which will allow you to prevent the type of calls you choose from being made, following the instructions indicated by our customer service. In any case, if for reasons not attributable to the client, SBT does not disconnect the aforementioned services within a period of ten (10) days from its request, it must assume the costs derived from the service whose disconnection is requested. This disconnection will not entail additional remuneration for SBT. Your disagreement with the billing of the additional billing services may not lead to the suspension of the telephone service if the customer pays the amount thereof, excluding the remuneration that corresponds to the additional billing service providers.

9.2 Temporary suspension of the fixed telephony product. Likewise, the client may request, fifteen (15) days before the desired date, a period of temporary suspension as described in clause 5.1. of these GTC. In this case, the outstanding balance will be invoiced in the following billing cycle and, during the temporary period of suspension, the monthly installments will be reduced by half of the proportional amount corresponding to said period.
10. PROCESSING OF PERSONAL DATA
The data processed by virtue of these general conditions will be processed under the co-responsibility regime by Xfera Móviles, S.A.U, with NIF: A-82528548 and SPOTTING BRANDS TECHNOLOGIES S.L. and NIF: B-86779584 both with registered office located at Avenida de Bruxelles, 38, 28108 Alcobendas (Madrid), Spain. You can contact our Data Protection Officer (DPD or DPO) and request additional information about co-responsibility by sending an email to dpo@masmovil.com. The data will be processed with the purpose of managing the provision of its service and the management of the contractual relationship, which includes the possibility of consulting and communicating information to asset solvency files. You have detailed information on how we treat your personal data in the privacy policy https://blu.es/politicaprivacidad/
11. DURATION AND TERMINATION OF THE CONTRACT
This contract is indefinite, unless its termination occurs with respect to the services provided, for the general reasons covered by law, including (among others) those described below:
• The client has the right to terminate the contract at any time by means of a written communication to the SBT address that appears in this contract at least two (2) business days before the date of termination, or through our customer service. customer. The client has the right to be provided with a reference number that will allow him to verify the day of the cancellation request and have proof of it. If the withdrawal has been requested by telephone, he may also require the submission of a document that proves his request. Unless it is for a reason attributable to the client, SBT will not invoice the amounts accrued after the period of two (2) days in which the withdrawal should have taken effect. In the case of offers conditioned to a minimum permanence period, if the client decides to unsubscribe before the established period, said cancellation will mean the loss of advantages or offers linked to the permanence.
• Non-compliance: If any of the parties, the client or SBT, fails to comply with the obligations to which it undertakes in this contract, the other party may immediately terminate the contract and interrupt the services, notifying the non-compliant party and without prejudice to the claim for damages caused or the exercise of other actions that may correspond (i.e., misuse of the services by the client, lack of veracity of the data provided by him, etc.). If the client requests cancellation due to a contractual breach by SBT, the effectiveness of his request will be immediate and SBT will not invoice him for the amounts accrued after the date of the request, unless there is a cause attributable to the client. . The suspension or interruption of the service due to delays in the payment of invoices, or in the constitution of the guarantee deposit, will occur in accordance with the provisions of the corresponding section of this contract. Likewise, prior compliance with current legislation, SBT may terminate this contract with respect to some or all of the contracted services.
• SBT may terminate the contract at any time for strictly technical reasons, in cases where: (i) there is a request by the customer to change the location of the provision of the service, or (ii) if it is detected that there has been a manipulation or alteration of the equipment by the client that causes anomalies or modifications in the service, or (iii) when it is not possible to carry out the installation due to the lack of the necessary technical requirements.
• End of the term of the license/authorization from the CNMC that enables SBT to provide the electronic communications services covered by the contract or loss of said license/authorization for any reason, without this giving rise to the client’s right to compensation. some. In any case, the termination of the contract does not exonerate the client from complying with his obligations to pay the amounts accrued for the services provided up to the indicated date of effective termination, nor from the return of the equipment that was delivered and installed on assignment. , as described. General conditions of fixed service installation in force as of March 5, 2019
2.General and Specific Conditions of Fixed Telephony and Broadband.
A. GENERAL CONTRACTING CONDITIONS
SPOTTING BRANDS TECHNOLOGIES S.L. with registered office at Avenida de Bruxelles, 38 – Alcobendas, Madrid – CIF B86779584. Registered in the Mercantile Registry of Madrid, Volume: 31,466, Folio: 98, Section: 8, Sheet: M-566373, Inscription: 1, commercializes the telecommunications services provided by XFERA MÓVILES, S.A.U., Telecommunications Operator with registered office at Avenida de Bruxelles, 38, 28108 Alcobendas (Madrid), Spain, and CIF A-82528548, (hereinafter “Service” or the “Services”) We remind you that, in accordance with Royal Decree 899/2009, of May 22, which approves the letter of rights of the user of electronic communications services, the consumer has the right to terminate the contract without any penalty in the event of non-acceptance of the new conditions and/or rates. These general conditions replace any previous general conditions that differ in their content and/or obligations, which will be without effect. The contracting of the services object of this contract (jointly, the services), if applicable, provided or facilitated by SBT and/or *third parties, and marketed through SBT under the BLU SO EASY brand and domain www.blu.es implies the acceptance of these general conditions, which have been prepared in accordance with current regulations and which, without prejudice to any other particular conditions, are the only ones applicable to the provision of services to consumers and end users, both individuals and legal entities. (hereinafter, the client).
*Third parties will be considered those through which SBT will provide its services that are the object of these CGC, and in those areas in which SBT so determines.
Notwithstanding the foregoing and for practical purposes, SBT and/or the SBT third parties mentioned above, will be jointly designated as “SBT”.
1. OBJECT
These general contracting conditions (“CGC”) will govern the relations between the client of the service and SBT in relation to the contracted services. As consideration, the client must pay SBT the amount of the contracted service according to the rates in force at any time. The customer may only use the service as an end user, and is therefore not authorized to resell telephone or Internet traffic, nor to market or assign the service. The reading of the CGC by the client is a necessary condition prior to the activation of the services, and implies the full and unreserved acceptance of each and every one of the provisions included in these CGC, which are also published on the website. www.blu.es.
2. CONTRACT MODIFICATION
These CGC may be modified at any time by SBT when there is a change in the service, in the applicable conditions and rates or in the applicable regulations in force. SBT will notify the competent bodies in the matter at least ten (10) days in advance and the client one (1) month in advance of their entry into force. The communication to the client will be made at least through the website www.blu.es, or alternatively by SMS or by any other means that is considered appropriate and that allows for proof of such modification and of the new rates, and all of this without prejudice to the fact that the client may request that the communication be made by any additional means available. The continuation in the use of the service by the client from the communication of the modification will be considered as acceptance of the same. The client agrees to notify SBT (e.gr. via the web, customer service, etc.) of any change in the contract data, especially those corresponding to the billing address and the bank account where the payments are made. .
3. ADDRESS AND NOTIFICATIONS
For the purposes of notifications, the client’s address will be considered to be that which appears in his application for registration of the requested service, and as SBT’s operational address, Avenida de Bruxelles, 38, CP28018, Alcobendas (Madrid). Notwithstanding the foregoing, and also for the purposes of notifications, the client accepts that SBT send certified communications via SMS to the telephone numbers that the client himself provides when contracting the services (either as a contact number or to the number registration resulting from the contract itself), as well as via email to the address provided by the client in the same way, so that any notification received by the client through these means will be considered as irrefutably made by SBT.
4. DESCRIPTION OF THE SERVICES
Fixed telephone service: The fixed telephone service, which will be provided over the corresponding line and associated technology (i.e., ADSL, fiber optics, voice over IP), allows the customer to receive and make calls on their line, as well as other facilities basic and associated additional services.
Mobile telephone service: This service includes the provision of the telephone service for mobile calls and the associated electronic communications services (including the mobile Internet access service) and associated value-added services that the customer requests.
To provide this service, SBT will provide the customer with a SIM card that can be used in any unlocked mobile device. The service will be provided in the national territory. Outside of it, the customer can receive the service by requesting the activation of the mobile telephone service from abroad, (“roaming service” or “roaming service”). You are informed that your registration in the aforementioned service may imply the collection of special rates in your communications received and made abroad according to the regulations in force at any time.
Broadband internet access service: This service includes, regardless of the technology used: (i) broadband internet access with 24-hour browsing at the contracted access speed.
Due to the technical characteristics of the service, said speed is maximum, that is, SBT cannot guarantee at all times the access speed that the client has contracted; and (ii) the associated additional services.
For fixed telephone and mobile telephone services, if the client does not have a number, SBT and MASMOVIL will assign one. The fixed and mobile telephone services of SBT and MASMOVIL include, where appropriate, the portability of the telephone number that the client had with his previous operator. To do this, the client must request it by completing the portability request, so that the portability of fixed or mobile telephony services can be processed in their previous operator. The portability will be carried out in accordance with the portability processing processes established in the respective technical specification document of the administrative procedures for the conservation of the numbering in the event of a change of operator, approved by the National Commission of Markets and the Competition.
The Services are offered to you solely as an end customer and for use based on good faith. In particular, by way of example and not limitation, it is not allowed:
a) The use contrary to Spanish laws, or that infringes the rights of third parties or the proper use of services that are only for personal and particular use of the client, being responsible for controlling access to the themselves.
b) The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
c) The collection and/or use of personal data of other users without their express consent, or contravening the provisions of current regulations in Spain and the EU regarding the protection of personal data.
d) The resale of traffic or services or the commercialization or economic exploitation of the same by any means or system.
e) Communication with numbers dedicated to call routing, that is, that offer as a commercial service the routing of the call to another number other than the one called. f) The objectively irregular or fraudulent use of services, such as “baby monitors” or “walkytalky”, or excessive use of the line, understood as excessive calls lasting more than 1 hour on average or chained calls to one or more destinations for more than 6 hours; calls only, or mostly, to premium rate or value added services; use of the services to send unsolicited commercial communications; sending large messages to block foreign servers; carrying out unsolicited communications when they can be classified as irregular traffic. In particular, the client must not use the services to send a mode provided by the client, so any notification received by the client through these means will be considered as irrefutably made by SBT.
REASONABLE USE RULES APPLICABLE TO ELECTRONIC COMMUNICATIONS SERVICES
To guarantee the proper use of electronic communications services, the following rules of reasonable use will be applicable, whose breach by the client or the existence of reasonable indications of said breach will empower SBT, prior notice to the client, to exclude him, automatically , of the rate or commercial promotion contracted and/or restrict access to future SBT commercial promotions and/or, where appropriate, automatically resolve the CGs of MASMOVIL’s mobile communications services in force. These reasonable use rules are, by way of example and not limitation, the following: SBT’s electronic communications services are incompatible with: making calls or sending SMS whose origin and destination are not directly end users; communications made from devices other than the mobile phone or through specific services such as, without limitation, Red Box, Router and M2M. The use of the SIM card on which the service is provided, such as Simbox or mass call router, or other telephone traffic concentration elements designed to make mass calls or for traffic rerouting services or that constitute traffic sinks. The use of spam, messages (SMS, MMS, etc.) sent in bulk that harm other users is prohibited. Intensive and continuous use that may cause or cause congestion in the SBT network and/or that is destined for special voice, data and SMS services, such as subscriber information numbers, additional rate services, premium SMS, is prohibited. , personal or nomadic numbers… that may harm or harm SBT and/or other users. Abnormal and/or excessive use of the services is prohibited. For these purposes, it will be understood that there is anomalous and/or excessive use when it is carried out according to unusual calling patterns or sending messages that differ from that made by the average of SBT clients who have contracted these same products. In these cases, SBT may terminate the contract or temporarily block the affected services until the circumstances of the irregular use of the service are clarified, or change the rate, after notifying the client. In the latter case, the client may terminate the contract with respect to the specific service in the terms agreed upon therein.
5. RATES, BILLING, PAYMENTS AND PROMOTIONS
The corresponding prices and charges will be applied to the services according to the rates and other general and/or particular conditions, offers or promotions in force at any time. Any modification of the rates will be communicated to the client by any means that SBT deems appropriate so that the client is aware of such modification and of the new rates. The client will have these rates available at all times on our website. Access to emergency services is free.
The invoice will be monthly and will break down the basic service, as well as the rest of the services contracted by concepts invoiced within each service, including those corresponding to the assumptions of sale or assignment/rental of equipment. If for technical reasons it is not possible to invoice the client in the month immediately following the accrual, SBT may invoice it in the following months.
Subscription fees will be billed for anticipated or expired monthly periods as appropriate. The metered services will be billed for monthly periods, according to the consumption made in the previous month. The foregoing is applicable without prejudice to what is indicated in the specific contracting conditions of each Service of these CGC.
In fixed telephone and fixed broadband internet services, monthly subscription fees include network maintenance up to the PTR (network termination point, in the case of XDSL) or PTRO (optical network termination point, in the case of XDSL). the case of fiber optics). The first bill will include a fee for signing up for the contracted services and installation of the equipment and terminals to provide them.
This fee will not be refundable in any case. As appropriate, they will also contain the price of the equipment purchased and the configuration of the services, unless the payment of said price is deferred or deferred, in which case it will include the proportional part corresponding to the first month based on the number of months of deferred payment. . Likewise, it will include the recurring fees that are applicable from the moment the service is activated within the invoiced period. In this first invoice, the prorated amount of the period between the effective day of registration of the service until the end of the month will be included. In the particular case of contracting fixed or mobile telephone service with a request for line portability, the date on which said portability becomes effective will be taken as the effective day of service registration. In the last invoice of the fee, regardless of the day on which the service is canceled, the entire fee for the current month will be invoiced.
Likewise, an invoice will be issued for the appropriate traffic excesses. The customer’s claims due to billing do not justify the delay in the payment of the invoices claimed. Invoices not paid when due will accrue late payment interest equal to the legal interest on the money, the expenses caused by the return of the receipt and other administrative expenses that may amount to a maximum of twenty (20) euros (VAT included), without prejudice of the other consequences that could derive from the breach, among others, the inclusion of their data in files of patrimonial solvency and credit. The application of an amount lower than the maximum does not imply the obligation for SBT to maintain it, and this may vary due to different factors, for example, the recurrence of non-payment. SBT may use for the collection of the amounts owed, if the client so authorizes it, the data related to the credit or debit cards that have been provided by the client; Likewise, SBT may execute the deposits, bonds and/or other guarantees established in the particular conditions for the cases permitted by law.
The client expressly consents with the acceptance of the CGC that SBT can issue the invoices corresponding to the service in electronic format (electronic invoice), having access to them through their personal online area, accessible with the access codes that SBT will provide in at the time of purchase or by email if requested. The client may revoke this consent at any time, having the right to request the issuance of invoices free of charge on paper. To make this revocation, you must communicate it in writing to customer service. If at the end of the contractual relationship, regardless of the contracting modality, there is a balance in favor of the client, he may request its return. SBT may deduct the administrative and management expenses that may accrue according to the current rates at any given time. The client will also be entitled to this compensation right when the balance is in favor of SBT. SBT may, in order to guarantee compliance with the client’s obligations:
1. Ask the customer for an advance, or make an additional charge to his account immediately, for the amounts accrued to date.
2. Ask the client for an unpaid cash deposit.
3. Request a bank guarantee, for an amount never greater than the estimated average of three months of consumption per service.
4. Restrict the customer to services with higher rates, additional rates and international services.
This type of action may be carried out, among others, in the following cases:
a) The credit limits established in your case are exceeded.
b) The suspension or interruption of the service occurs due to any of the causes provided for in these CGC or the contractual resolution.
c) Breach of these GTC by the client.
d) In case of fraud or unauthorized use of the service according to these GTC.
e) Objective risk of non-payment, understood as such, for example, the declaration of insolvency proceedings. SBT reserves the right to entrust the billing and payment of the service to third parties that are linked to the distribution channels that, in its name and representation and by express delegation of the same, will issue and collect the corresponding invoices for customer service following SBT instructions. In the event that the client has financed the services provided by SBT, which are the subject of these GTC, with a third party, said third party will be in charge of collecting the financing fees until the termination of the financing contract. Notwithstanding the foregoing, in the event of excess consumption by the client, SBT, or a third party linked to its distribution channel to whom it entrusts said task, will be responsible for directly invoicing said excess to the client. The consumptions made by the client (measured in minutes or in megabytes, depending on the service) that exceed or are not included in the rates and/or bonuses contracted, will be invoiced by SBT according to the prices in force at the time of incurring said consumption, which will be published on the SBT website and available to customers at distribution points.
5.1. SUSPENSION AND INTERRUPTION OF SERVICES
SBT may suspend the contracted service in the following cases:
a) When the customer has not met his payment obligations or has exhausted his balance and/or exceeded his credit limit.
b) If the client provides SBT with personal data that is not true, is deliberately incorrect or the identity of a third party is usurped.
c) When the client makes an irregular or fraudulent use of the service.
d) When the customer has used a means of payment fraudulently or there is a reasonable risk of fraud.
In any of these cases, SBT will contact the client, prior to the suspension of the service, to inform him of the existence of a breach of the CGC and of the economic consequences derived from a possible temporary suspension of the service. SBT may temporarily suspend the services in case of total or partial delay by the client in the payment of the services, whether they are mobile telephony, fixed telephony or broadband internet access, from the date on which it becomes aware of such circumstance, prior notice of 48 hours to the client in which they will be informed of the date from which the suspension will take place, and it cannot be carried out on a non-business day. The suspension will only affect the services in respect of which payment has been incurred in arrears. The suspension of the service does not exempt the client from the obligation to continue paying the monthly installments. In case of temporary suspension of the telephone service due to non-payment, it will be maintained for outgoing emergency calls, as well as for incoming calls, with the exception of reverse charge calls and those of the mobile telephone service when abroad. SBT will restore the suspended service within the business day following the day on which it is aware that the amount owed has been fully paid, together with the associated financial expenses and the established re-engagement fee, and has received proof of payment thereof to info @blu.es for your reconnection. In the event of temporary suspension, if the client had filed a claim with the Consumer Arbitration Boards, in the case of submission of SBT to them, or with the Secretary of State for Telecommunications and for the Information Society, SBT will not suspend or interrupt the service while the claim is being substantiated and the client reliably records the amount owed, delivering the corresponding receipt to SBT. The reconnection of the services will be carried out in accordance with the conditions in force at that time, and you must pay the current fee for this concept. During the suspension period, SBT may remove the rented equipment from the customer’s home. The client may formally request, fifteen (15) days in advance of the desired date on which it takes effect, the temporary suspension of the landline telephone service and broadband internet access through a communication addressed to the customer service to the client or through the additional mechanisms established for this purpose. The duration of the suspension shall not be less than one (1) month nor more than three (3) months per calendar year. The delay in the total or partial payment of the SBT bills for more than three (3) months or the temporary suspension of the services on two (2) occasions, due to late payment, will entitle SBT to the definitive interruption of the services. services and the corresponding resolution of the contract. In any case, the service may be interrupted in accordance with current regulations when there is a deficiency caused by the client and that affects the integrity or security of the network or the provision of services to other clients. This measure will cease when the client performs and communicates to SBT the disconnection of the equipment subject to the deficiency. SBT may occasionally interrupt the services in order to carry out improvement work, repair work, equipment changes… although said interruptions will be as brief as possible and will be carried out, preferably and whenever possible, during times of minimum consumption. The client accepts the need to consent to such interruptions and that SBT will not be obliged to compensate him except for the amount of compensation provided for in this contract that corresponds.
5.2. SPECIFIC CONSIDERATIONS IN THE CASE OF FINANCING
In the event that the client has financed the services provided by SBT, which are the subject of these GTC, with a third party, said third party will be in charge of collecting the financing fees until the termination of the financing contract. In case of financing of the installments by the client by the corresponding entity, SBT will issue the invoices in the client’s name, discounted at 100%. Once the contracted financing period has elapsed, SBT will issue invoices for the corresponding amount based on what the client contracted with SBT. Notwithstanding the foregoing, in the event of excess consumption by the client during the financing period, SBT, or a third party linked to its distribution channel to whom it entrusts said task, will be responsible for directly invoicing said excess to the client. In the event of non-payment, regardless of whether the client has financed the installments or not, SBT will be the one empowered to claim them by any means provided by law. In the case of installment financing, the client will not be able to access the option of temporary suspension of the service mentioned in the previous section.
5.3. PROMOTIONS
In the event that the client contracts any promotion offered by SBT, this will be governed, apart from those contained in this contract, by the following conditions: The validity of the promotions consisting of the application of a discount in the rate for the contracted services will be subject to the permanence of the client for a minimum time of 12 months in WiMAX services and 24 months in FIBER OPTIC and LTE so that, if the customer unsubscribes before said period, SBT reserves the right to claim from the customer the amount equivalent to the discounts enjoyed by virtue of said promotion. If the client has taken advantage of any promotion or discount for the service registration necessary for the provision of the contracted services, the validity of the promotion will also be linked to the permanence of the client for the time specified in the promotion, in a that if the client unsubscribes from the contracted services before said term, SBT reserves the right to apply to the client a penalty equivalent to the real price of the service registration prorated for the months remaining for the fulfillment of the permanence commitment. The rates subject to promotion may not be modified to a lower rate or promotion during a period of 24 months. The promotion will apply to the client from the date on which all the contracted, activated and operational services are available to the client. In the event that the client has chosen to contract the financing of the services that are the object of the promotion, the contracted rate may not vary during the term of the financing contract. SBT promotions or offers may not be combined with others that are in force until they end in accordance with the provisions of this contract.
6. PROCESSING OF PERSONAL DATA
The data processed by virtue of these general conditions will be processed under the co-responsibility regime by Xfera Móviles, S.A.U, with NIF: A-82528548 and SPOTTING BRANDS TECHNOLOGIES S.L. and NIF: B-86779584 both with registered office located at Avenida de Bruxelles, 38, 28108 Alcobendas (Madrid), Spain. You can contact our Data Protection Officer (DPD or DPO) and request additional information about co-responsibility by sending an email to dpo@masmovil.com. The data will be processed with the purpose of managing the provision of its service and the management of the contractual relationship, which includes the possibility of consulting and communicating information to asset solvency files. You have detailed information on how we treat your personal data in the privacy policy https://blu.es/politicaprivacidad/
7.1. EQUIPMENT SALE

• Customer equipment for the provision of broadband internet service (i.e., antenna, router, etc.): The customer may purchase any of the equipment that may be marketed by SBT for sale. in said modality, under the conditions established in this contract. SBT will install and/or configure the purchased product. The coverage of the wireless devices installed in this equipment will be limited by the internal structure of the customer’s home, without SBT being responsible for the fact that the customer cannot access the service from any point within his home, or for the consequences that for him may arise from the use of the supplied equipment under these circumstances. SBT is also not responsible for unauthorized access to its wireless network by third parties. With the acquisition of any of said equipment, the client obtains a guarantee of twenty-four (24) months from the date of installation, at no additional cost. During this term, if the equipment purchased has a fault that prevents its operation, SBT will proceed to repair it or provide you with one, the same or with similar characteristics, without any additional cost. Once the aforementioned twenty-four (24) months have elapsed, the client will be able to enjoy an extension of the guarantee by paying the corresponding monthly fee. We advise you that, if you do not contract the warranty extension at the same time you purchase the equipment or if, while enjoying this service, you have unsubscribed from the warranty extension, you will not be able to contract it later. The extension of the guarantee will imply that you will continue to enjoy the same guarantee, under the same terms and conditions, during the period in which you pay the corresponding fee. If the customer has any type of problem with his equipment, and it is in the warranty period, he should contact our customer service. SBT will not be liable for any type of incident once the warranty period has elapsed. Said incidents will be resolved in accordance with the manufacturer’s regulations (shipping costs, repair, home visit, etc.) and will not exempt you from your obligation to pay the amounts that you must pay to SBT for the service during the repair process for the manufacturer of your equipment. In no case does the guarantee cover failures attributable to the customer due to incorrect manipulation or configuration carried out on the equipment or due to any other negligence attributable to him, or for damage caused to said equipment by third parties and/or entities intentionally (i.e., sabotage …) or due to fortuitous causes (i.e., incidents in the electrical network, adverse weather …) or force majeure outside SBT, having to pay portal concept fifty-nine (59) Euros VAT. included.
• Telephone terminals: The customer can choose to purchase fixed telephone terminals for the corresponding price according to the models we offer. These terminals will enjoy the guarantee that, where appropriate, is granted by the manufacturer. In any case, the repair or replacement of the terminal during the warranty period will not imply the start of a new warranty period. In no case does the guarantee cover failures attributable to the customer due to incorrect handling or configuration carried out on the equipment or due to any other negligence attributable to him. For the mobile phone service, the customer can use any free terminal they want. However, we inform you that certain terminal models may be incompatible with the roaming application necessary to make calls from abroad. Regarding these terminals, the guarantee of origin or DOA will be fifteen (15) days, with the manufacturer’s guarantee being determined by the manufacturer in each case.
• Switchboards: The customer can buy the switchboard for the corresponding price according to the models that, if applicable, SBT offers. In this case, as in the case of the sale of telephone terminals, the switchboard acquired by it and its price will be specified on the front. This equipment will enjoy the guarantee that, in each case, is granted by the manufacturer. In any case, the repair or replacement of the terminal during the warranty period will not imply the start of a new warranty period. However, if the client wishes, he may contract a maintenance service with us whose characteristics will be the same as those established for the case of equipment rental.
7.2. Equipment rental:
Subject to existing offers at any given time, the customer may contract the rental of certain equipment, including: customer equipment (i.e. antenna, router…), landline telephone terminals, switchboards, etc. For the rental of said equipment, the client must pay the fee established on the face of this contract or in the rates. SBT will deliver and install said equipment, whose ownership will belong to SBT at all times, and the client will be responsible for its proper use and custody, committing not to damage, lose, sell, manipulate or make technical modifications to them. In particular, the client must not, under any circumstances, open or access the internal devices of the rented equipment or, in any case, manipulate or replace them for fraudulent use. SBT will repair the rented equipment free of charge as long as i) the client has not improperly manipulated the same, made technical modifications to it or caused damage on purpose or acted negligently and ii) the damage caused to said equipment has not been caused by third parties. people and/or entities intentionally (i.e., sabotage…) or due to fortuitous causes (i.e., incidents in the electrical network, adverse weather…) or force majeure. At SBT’s option, SBT will replace or repair the faulty equipment that it removes from the customer’s home and, in the event of repair, will temporarily lend similar equipment until the repaired equipment is reinstalled. The services outlined do not include the correction of faults that come from their own willful or negligent action or omission, and the client must pay, according to the current rates, the cost of these repairs. In any case, SBT may replace the rented terminals in the future, for technical or operational reasons, for others with similar features.
7.3. Return of equipment:
Upon termination of the contract, whatever its cause, the client will be obliged to return the equipment and terminals in perfect condition and operation, without prejudice to wear and tear due to normal use. , which, where appropriate, have been rented or have been provided by SBT and have not been acquired by it, in accordance with the procedure stipulated by SBT and within a maximum period of fifteen (15) days from the formal date of resolution. In the cases in which i) the client does not return the aforementioned equipment within the established period, or ii) there is evidence of deterioration or manipulation of the same, SBT will apply to the client a penalty of one hundred and fifty (150) euros VAT. included stipulated as compensation for non-compliance with his obligations, once the indicated periods have elapsed or on the previous date on which these facts were recorded. Regardless of the foregoing, SBT will maintain its right to require the customer to return the rented equipment and to carry out for this purpose whatever steps are necessary for its recovery, including its claim by judicial means, as well as the demand for the appropriate compensation. Likewise, in the event of termination of the contract or that the client voluntarily cancels the provision of services by SBT and the client reliably claims it and returns the equipment in good condition within the stipulated period, there will be no obligation to pay any except the amount of the debts accrued and not settled for the provision of the service, within a maximum period of one (1) month after the correct reception of the equipment. Regardless of the cause, the client will be responsible for the expenses derived from the uninstallation of the equipment, as well as the possible costs of delivery to the address and delivery to SBT personnel.
SPECIFIC CONDITIONS FOR FIXED TELEPHONY SERVICES AND BROADBAND INTERNET ACCESS
A. OBJECT These specific conditions are applicable only in the case of contracting the fixed telephony service and broadband Internet access, either independently or in convergent mode with other services.
B. INSTALLATION AND ACTIVATION OF THE LINE The conditions of installation and activation of the service will depend on whether it is provided over an ADSL or fiber optic line. SBT will provide access to the fiber optic service only in those places where it has adequate infrastructure for it. You can check the coverage areas on our website or at customer service.
i. ADSL
The installation of services on an ADSL line requires actions such as the unbundling of the subscriber loop, installation of devices and/or portability, where applicable. The client will allow, when necessary, for the correct provision of the service, that the people designated by SBT have access to the client’s property.
The client declares that he has been informed in detail of the characteristics and conditions of the broadband internet access service and expressly requests for the provision of the service, where appropriate, that his pair of wires (also called “loop”) be accessed by SBT or SBT companies. (Any of them, hereinafter, “SBT”) in the completely unbundled access modality or in the indirect access modality.
SBT will carry out the following actions at the client’s address that are necessary for the installation of the service:
• Installation of a network termination point (PTR).
• Installation of an ADSL / WIFI modem.
• Connection of installed equipment with a maximum of 1.5 meters. SBT may modify the elements to be installed or the actions to be carried out for the installation according to the needs of the service at any given time.
Likewise, the client declares that he has been informed of the characteristics of the provision of SBT services and that this implies the automatic cancellation of all the services contracted by the client with his access operator in relation to said bucte, including, where appropriate , Centrex services, virtual private network, hunt group, trunk line and any other service that involves association with the loop. The client authorizes SBT to carry out on his behalf as many procedures as may be necessary to access his peers, or to carry out as many actions as may be necessary on the client’s line to provide the broadband internet access service. In the event that the client does not coincide with the owner of the lines, the client expressly states that he has obtained the aforementioned authorization. SBT will initiate the disaggregation procedure, if applicable, of the line indicated by the client, provided that there is a guarantee of being able to offer the appropriate quality service on it. If this does not exist, SBT will install or request a new pair at the customer’s address. For these purposes, the client expressly authorizes SBT to register a new line, in his name, at his address. Once it is possible to provide the service over the line, SBT will port, where appropriate, the client’s numbering in accordance with the portability request that the client has signed in this contract.
II. FIBER OPTICS
If the client does not have the necessary installation to provide the service, it is necessary that SBT or another company acting on its own, carry out the installation of the service at the client’s address. To do this, after signing these general and specific conditions, a technician from SBT or from an external company authorized by it, will appear at the customer’s address on the date agreed with the customer. The client expressly authorizes SBT and the technicians designated by it to access their home and the installations and equipment necessary for the correct installation. This authorization extends to the case in which it is necessary to carry out any action for the correct provision or maintenance of the service, as well as, where appropriate, at the time of removal of the equipment.
The client will have to provide the technician with the entrance to the location of the building where the access for the optical fiber is located in case it has been deployed inside.
SBT will carry out the following actions for the installation of the service:
• Connection of the outdoor fiber optic cable to the customer’s building network.
• Cable laying inside the building or on the façade to the customer’s address.
• Installation in the customer’s home of an optical network termination point.
• Installation in the customer’s home of a Wi-Fi router ONT.
• Connection of installed equipment with a maximum of 1.5 meters.
• SBT may modify the elements to be installed or the actions to be carried out for the installation, according to the needs of the service at any given time. The client acknowledges that he has been informed of the characteristics of the provision of services and that in the case of fiber optics this does not imply the automatic cancellation of all the services that the client may have previously contracted with SBT or with another operator. The client can keep his previous ADSL service / internet access if he had it and the associated services.
In this same case, the client’s cancellation of the ADSL service / internet access in his previous operator is his responsibility. In the event that the client wishes to cancel, he must go to his previous operator.
Both in the case of installation and activation of the ADSL and fiber optic service, the client declares that he has the permits and licenses of third parties that, where appropriate, are necessary for the installation and provision of the service, leaving SBT in any case exempt from liability to these third parties.
Non-acceptance by the client of the basic installation to be carried out by SBT will give the latter the right to terminate this contract immediately, proceeding in any case to bill the client for those expenses that have been generated up to the date of termination of the contract.
C. FEES, BILLING AND PAYMENTS
The rates applicable to the fixed telephony service may have associated minimum consumption or fixed monthly fees. The minimum monthly consumption to be made by the client will depend on the particular conditions of each rate. If you do not consume the minimum amount corresponding to your rate each month, SBT will bill you for that amount in that month or, if applicable, the remaining amount until it is reached. Certain rates may have a fixed monthly fee. The existence of the same will be reported in the particular conditions applicable to each rate prior to contracting. This fixed fee will accrue at the beginning of each billing period. In case of cancellation once the billing period has started, the client will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the billing period to the date of cancellation. Likewise, certain SBT procedures, which will be reported prior to their completion, may have additional amounts.
SBT may require the constitution of guarantee deposits, at the time of contracting the fixed telephone service or during the term of the contract when:
a) The client has left one or more receipts unpaid, as long as the delinquency continues.
b) Debts have been contracted for other subscription contract(s), current or not, or are repeatedly delayed in the payment of receipts The deposit may be made in cash or by means of a bank guarantee to customer choice. Deposits will not be remunerated. SBT will require the constitution by a means that records its receipt, granting it a period of no less than fifteen (15) days for its constitution or for the payment of the pending amounts. If the deposit is not made, SBT may reject the registration request, suspend the service and cancel the client if the deposit is not made, after ten (10) days have elapsed since a second request is made. The requested deposits will be for an amount never greater than the estimated average of three months of consumption per service. The return of the deposits will occur: in case a), as soon as SBT has proof of full payment of the amounts owed, and in case b), when it is proven that in one year there has been no delay in payment . If the customer with outstanding debts unsubscribes or requests a change of ownership of his service, SBT may execute the guarantee for the total contracted debt, leaving the remainder at the customer’s disposal. If the customer has paid all receipts, the deposit will be returned in full.
The return period will be fifteen (15) days from the day after the one in which the circumstances listed above are met.
D. BROADBAND INTERNET ACCESS SERVICE
The client declares that he has been informed in detail about the characteristics and conditions of the broadband internet access service. Due to the technical configuration of the service, we inform you that the cancellation of the broadband internet access service could in turn affect the fixed telephone service, causing in this case the cancellation of the latter service. The customer is also informed that the provision of the service may involve incompatibilities with services based on modems or alarms, switchboards, lift lines and telecare services and, in general, with any service provided over a traditional telephone line. SBT does not guarantee the operation of the aforementioned services that were installed prior to the activation of the broadband internet access service. When the provision of the service is carried out over ADSL, the client acknowledges that SBT cannot guarantee that it will have the contracted speed in all cases, since the distance to the central office, the quality of the line and the possible interferences may suppose a reduction of the mentioned speed. SBT will make its best efforts so that the client has the maximum technically possible speed of the contracted ADSL service. In general, both in the event that the service is provided over ADSL and fiber optics, the contracted speed will be enjoyed using the ethernet cable connection between the equipment provided and the client’s terminal. This speed may be limited by the capabilities of the device used by the customer to connect to the service. When other means of connection such as Wi-Fi or others are used, the speed of the client’s device may be limited by the characteristics of said means of connection. In the case of Wi-Fi, factors beyond SBT’s control such as the structure of the customer’s home, interference with other Wi-Fi networks, the capabilities of the device used by the customer to connect to the Internet, use outdoors or indoors, or other factors , can cause the decrease in the final speed enjoyed by the client. In addition to the aforementioned factors unrelated to SBT that may cause a decrease in the speed enjoyed by the customer, it is possible that it may be limited in the event that maintenance operations are carried out by SBT or in the event of service interruptions.
E. LANDLINE TELEPHONE SERVICE
In the event that the client contracts the fixed telephone service, it will be provided on the line associated with the ADSL service or on the fiber optic line, as the case may be. Due to the technical configuration of the service, we inform you that the cancellation of the fixed telephone service could in turn affect the broadband internet access service, causing in this case the cancellation of the latter service. The telephone service, with voice over IP technology, allows the customer to receive calls destined for the numbering associated with their line on their fixed terminal. In addition, it allows the customer to make calls from the same line. In the case of provision of the service on the fiber optic line, the client can keep your old phone service if you had it and associated services. In this case, the cancellation of the client in the telephone service in his previous operator is the responsibility of the same. In the event that the client wishes to cancel, he must contact his previous operator. In order to enjoy this service, the client authorizes SBT to carry out as many actions on the network as are necessary to guarantee the reception of calls destined for its geographical numbering.
F. ACTIVATION OF THE LANDLINE TELEPHONE SERVICE AND BROADBAND INTERNET ACCESS
SBT will activate the fixed telephone and broadband internet services within a maximum period of thirty (30) calendar days from the customer’s acceptance of these GTC. The activation of the aforementioned services will take place on the same day that SBT completes the installation at the customer’s address in a satisfactory manner or once the suitability of the pre-existing installation has been verified. This activation period is called the initial connection supply time, for the purposes of the current quality obligations to which SBT is subject. Failure to comply with the aforementioned initial connection supply time commitment by SBT will result in compensation to the client at the rate of one (1) euro per calendar day of delay, up to a maximum of ninety (90) euros. In the event of technical reasons that make it impossible for SBT to provide the service, or the non-accessibility of the cable installation to the connection point of the customer’s home or other cases not attributable to SBT for which SBT could not provide the service, as causes of force majeure or others attributable to the client, no right to compensation will arise in favor of the client. SBT undertakes to provide the contracted services in accordance with the quality commitments required by current regulations that apply to it.
G. EMERGENCY SERVICES
SBT facilitates the customer’s free access to emergency services, as well as information on the location of the person making the call, the latter depending on the capacity of the systems of the autonomous community in which the customer is located. time to call the aforementioned services.
H. SUBSCRIBER GUIDES
If the client requests that their data be included in the subscriber guides by marking the corresponding box, SBT will communicate the data that the client indicates to the National Commission of Markets and Competition so that it makes them available to the entities who prepare the guides and/or provide information services.
i. EQUIPMENT AND TERMINATIONS
SBT will deliver to the client or install at their home, in the event that the client does not have the necessary installation for the provision of the service, the following equipment (for the purposes of these CGC, the equipment):
(i) ONT / Wi-Fi router (in the case of fiber optics);
(ii) ADSL / Wifi modem (in case of ADSL);
(iii) If necessary, a network termination point (PTR) in ADSL installations;
(iv) An optical network termination point (PTRO) in fiber installations;
(v) Wiring with the limits described in these CGC;
(vi) Any other equipment, peripheral or device delivered by SBT to the client for the correct provision of services. The technical characteristics of the equipment that MÁSMÓVIL delivers and installs to offer customer service may be subject to change. The client will be informed of possible changes through our website and through the Customer Service Department.
SBT will configure or provide instructions for the configuration of the equipment provided to the client. Unless the client opposes, SBT may create a second independent channel in the equipment through which the service is provided, without cost or affecting the quality of the contracted service, to provide additional services such as the possibility of sharing broadband internet with third parties. This will not affect or reduce the speed contracted by the client for their broadband internet access service. The customer may deactivate this sharing at any time through SBT’s customer service. SBT transfers the equipment to the client under a transfer/rental regime, unless expressly indicated otherwise by MÁSMÓVIL. The customer is responsible for the proper use of the equipment, as well as its non-manipulation. SBT will be responsible for the maintenance of the assigned equipment, as well as its replacement in the event of a breakdown. The client undertakes to return the equipment to SBT in a state of use and conservation suitable for its correct use, upon request by SBT, at any time and in any case, within a period of one (1) month after the service drop. If the client does not return the equipment within said period, SBT will apply the penalty specified in the contract title page. If SBT delivers any type of software or self-installable equipment or terminal, the customer must follow the installation instructions provided by SBT. SBT does not offer any guarantee, either explicit or implicit, on the installation aid software provided, nor is it responsible for any damage or alterations that, due to its execution, may be caused to the client’s computer system (configuration, software and/or or hardware) or in the electronic documents and files stored in your computer system.
J. TERMINAL WARRANTY AND AFTER-SALES SERVICE
Notwithstanding the foregoing, if there are terminals or equipment associated with the contract that are acquired by the client from SBT or a third party with whom SBT has reached an agreement in this regard, said equipment has a legal warranty period from its purchase, delivery or installation date, accredited with the corresponding invoice or delivery note. SBT offers in these cases an after-sales service for processing repairs with an official technical assistance service recognized by the manufacturer of the aforementioned equipment. Said guarantee shall not apply in the following cases:
• Replacement of wear parts as a result of normal use of the equipment.
• If the equipment has been handled by a technical assistance service not authorized by SBT.
• If the cause of the non-conformity is due to incorrect installation by the customer or improper handling or with elements/accessories not original from the manufacturer.
K. MAINTENANCE
SBT will repair the breakdowns that occur in the assigned equipment and related to the provision of the service that would have been provided by SBT, assuming the cost of the same as long as they have occurred for reasons not attributable to the client. In the event that the customer detects a breakdown in the equipment or a malfunction of the service, they must contact SBT’s technical service by calling customer service. SBT will use the means it deems necessary at all times to resolve the incident. General contracting conditions in force as of March 5, 2019
3.General Mobile Hiring Conditions
OBJECT
SPOTTING BRANDS TECHNOLOGIES S.L. with registered office at Avenida de Bruxelles, 38 – Alcobendas, Madrid – CIF B86779584. Registered in the Mercantile Registry of Madrid, Volume: 31,466, Folio: 98, Section: 8, Sheet: M-566373, Inscription: 1, commercializes the telecommunications services provided by XFERA MÓVILES, S.A.U., Telecommunications Operator with registered office at Avenida de Bruxelles, 38, 28108 Alcobendas (Madrid), Spain, and CIF A-82528548, (hereinafter “Service” or the “Services”) These general contracting conditions (“CGC”) will govern the relations between the service client (the “client”) and MASMOVIL in relation to the contracted services. The reading of the CGC by the client is a necessary condition and prior to the activation of the services, and implies the full and unreserved acceptance of each and every one of the provisions included in these CGC, which are also published on the website of www.masmovil.es (“our “web page”).
1. DESCRIPTION OF THE SERVICES
Mobile telephone service: This service includes the provision of the telephone service for mobile calls and the associated electronic communications services (including the mobile Internet access service) and associated value-added services that the customer requests. To provide this service, MASMOVIL will provide the customer with a SIM card that can be used in any unlocked mobile device. The service will be provided in the national territory. Outside of it, the customer can receive the service by requesting the activation of the mobile telephone service from abroad, (“roaming service” or “roaming service”). You are informed that your registration in the aforementioned service may imply the collection of special rates in your communications received and made abroad according to the regulations in force at any time. For the mobile telephone service, if the client does not have a number, MASMOVIL will assign one. The MASMOVIL mobile service includes the portability of the telephone number that the client had with his previous operator. To do this, the client must request it by completing the portability request, so that the portability of fixed or mobile telephony services can be processed in their previous operator. The portability will be carried out in accordance with the portability processing processes established in the respective document of Technical Specification of the Administrative Procedures for the Conservation of the Numbering in case of change of operator, approved by the National Commission of the Markets and the Competition. The Services are offered to you solely as an end customer and for use based on good faith. In particular, without limitation, it is not allowed:
a) The use contrary to Spanish laws, or that infringes the rights of third parties or the proper use of services that are only for personal and particular use of the client, being responsible for controlling access to the themselves.
b) The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
c) The collection and/or use of personal data of other users without their express consent, or contravening the provisions of current personal data protection regulations, both state and European; specifically, Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016.
d) The resale of traffic or services or the commercialization or economic exploitation of the same by any means or system.
e) Communication with numbers dedicated to call routing, that is, that offer, as a commercial service, the routing of the call to another number other than the one called.
f) The objectively irregular or fraudulent use of the services, such as: “baby monitors”; “walky-talky”; calls only, or mostly, to premium rate or value added services; use of the services to send unsolicited commercial communications; sending large messages to block foreign servers; carrying out unsolicited communications when they can be classified as irregular traffic. In particular, the client must not use the services to send unsolicited or mass mail (“spam”) or make any use of the mailing lists destined for any person who has not given permission to be included in such process. In these cases, MASMOVIL may terminate the contract or temporarily block the affected services until the circumstances of the irregular use of the service are clarified or the rate can be changed, after notifying the client. In the latter case, the client may terminate the contract with respect to the specific service in the terms agreed upon therein.
2. FEES, BILLING AND PAYMENTS
The corresponding prices and charges will be applied to the services according to the rates and other general and/or particular conditions, offers or promotions in force at any time. Any modification of the rates will be communicated to the client by any means that MASMOVIL deems appropriate so that the client has proof of such modification and of the new rates. The client will have these rates available at all times on our website. Access to emergency services is free. The invoice will be monthly and will break down the basic service, as well as the rest of the services contracted by concepts invoiced within each service, including those corresponding to the assumptions of sale or assignment/rental of equipment. If for technical reasons it is not possible to invoice the client in the month immediately following the accrual, MASMOVIL may invoice it in the following months. Subscription fees will be billed for expired monthly periods. The metered services will be billed for monthly periods according to the consumption made in the previous month. The foregoing is applicable without prejudice to what is indicated in the specific contracting conditions of each service of these general contracting conditions. The first invoice will include the registration and activation fees and, if applicable, the installation and/or maintenance fees. The client will be entitled to this compensation right when the balance is in favor of MASMOVIL.
MASMOVIL may, in order to guarantee compliance with the client’s obligations:
Ask the customer for an advance, or make an additional charge to his account immediately, for the amounts accrued to date.
Ask the client for an unpaid cash deposit.
Request a bank guarantee, for an amount never greater than the estimated average of three months of consumption per service.
Restrict the customer to services with higher rates, additional rates and international services.
This type of action may be carried out, among others, in the following cases:
i. The credit limits established in your case are exceeded.
ii. The suspension or interruption of the service occurs due to any of the causes provided for in these CGC or the contractual resolution.
iii. Breach of these CGC by the client.
iv. In case of fraud, or unauthorized use of the service according to these GTC.
v. Objective risk of non-payment, understood as such, for example, the declaration of insolvency proceedings.
Notwithstanding the foregoing, for the fixed telephone service, the provisions of the specific conditions of said service of these CGC will apply.
3. RIGHT TO DISCONNECT
In the mobile service, the customer may request MASMOVIL to disconnect the additional billing services and international calls. To do this, you must contact customer service indicating your wish to disconnect from the services in question. MASMOVIL will disconnect within a maximum period of ten (10) days from receipt of the request. If the disconnection does not occur within the period indicated for reasons not attributable to the client, the costs derived from the service whose disconnection had been requested will be borne by MASMOVIL. In the event that the client wishes the activation or subsequent deactivation of this type of services, they must also make an express request for their activation or subsequent deactivation through the available customer service.
4. RESPONSIBILITY OF MASMOVIL AND QUALITY OF SERVICE
If there is a temporary interruption in the landline or mobile telephone service, the customer will be entitled to compensation whose amount will be equal to the greater of the following two:
a) The average amount billed for the interrupted services during the three (3) months prior to the interruption, prorated by the actual time that the temporary interruption of the service affects the client In the event of an age of less than three (3) months, the amount of the average invoice will be considered in the complete monthly installments made or the one that would have been obtained in an estimated monthly installment in proportion to the period of effective consumption made.
b) Five (5) times the monthly subscription fee or equivalent in force at the time of the interruption, prorated for the duration of the interruption. Roaming services or calls (roaming service) provided abroad by operators other than MASMOVIL are excluded from the scope of responsibility in the mobile telephone service. MASMOVIL will automatically pay this amount by deducting it from the next invoice, when the amount of compensation is greater than one (1) euro. If the invoice is not issued due to service cancellation, the compensation will be paid by the means agreed with the client in each case. For subscribers subject to prepaid modalities, the adjustment in the balance will be made in a period not exceeding that of the rest of the subscribers. If the temporary interruption is due to force majeure, MASMOVIL will limit itself to automatically compensating the client with the refund of the amount of the subscription fee and others independent of the traffic, prorated for the duration of the interruption. If there is a temporary interruption of the broadband internet access service during a billing period, the customer will have the right to be compensated with the refund of the amount of the subscription fee and other fixed fees, prorated for the time that it would have lasted. the interruption when the interruption of the service has been, continuously or discontinuously, greater than six (6) hours from 8 a.m. to 10 p.m. The compensation will be paid in the following invoice. The corresponding invoice will state the date, duration and calculation of the amount of compensation corresponding to the subscriber. In the cases listed in the preceding paragraphs, MASMOVIL will automatically indemnify the customer if the interruption affects the area where the address that appears in the customer’s contract is located or, in the case of mobile phone service, knows that said customer was in a zone affected by the interruption at the time of the interruption and could not place you in another zone during the period of the interruption. If the client has been affected by an interruption and has not been computed as affected in the above terms, they must notify MASMOVIL, through the customer service, within ten (10) days from the restoration of the service, which has been affected by the interruption of the service, indicating, in the event of affecting the mobile telephony service, its geographical location at the time of the interruption. Said information must not be contradictory with that recorded in the MASMOVIL systems.
Additionally, except for interruptions due to force majeure, MASMOVIL undertakes to offer the following level of quality in the service: regarding the time of interruption of a service, a commitment of maximum interruption not exceeding 48 hours throughout each period of billing. If this commitment is breached, MASMOVIL will indemnify the client for an amount equal to a prorated monthly fee for the time that the interruption in the billing period would have lasted. When, due to promotions, the client enjoys a discount on the entire monthly fee for the services, the non-promoted monthly fee for said services will be taken into account for compensation purposes. Said indemnities will be accumulated with those foreseen in the previous paragraphs. For these purposes, the service interruption time is defined as the sum of the times elapsed from the moment in which the unavailability of the service has occurred, once it has been activated, until the moment in which it has been restored to normal operation. .
The start time of the account will be the first of the following two events: (i) the notification by the customer of the fault notice, or (ii) the registration by MASMOVIL of the incident causing the total or partial interruption of the service.
For purposes of compensation in all the above commitments, the monthly fee for the broadband internet access service will be considered to be 50% of the total monthly fee in those cases of contracting joint packages of services in which the price of the total package fee does not break down the amount attributable to each service (telephone service and broadband internet access service).
The provisions of the preceding sections shall not apply when the temporary interruption is due to any of the following causes:
a) Serious breach by customers of the contractual conditions, especially in the event of fraud or late payment, which will lead to the application of temporary suspension and interruption of the service.
b) Damages produced in the network due, for example, to the connection by the client of Terminals whose conformity has not been evaluated, in accordance with current regulations.
c) Non-compliance with the code of conduct by a client who provides premium rate services, when the ownership of the subscription contract corresponds to the latter.
The customer who owns the service is responsible for all traffic, services used and misuse made of it. Notwithstanding the foregoing, MASMOVIL, after identifying the owner of the line and its circumstances, may adopt the measures within its power to avoid damage from the date on which, through the customer service, the information is communicated. evidence or suspicion of the loss, theft or theft of your access codes to the service or the existence of fraud or, in the case of the mobile telephone service, of the loss, theft or theft of the SIM card.
MASMOVIL is not responsible for any damages and/or losses and/or benefits not obtained by the client or any other third party, caused directly or indirectly by the lack of provision of the service or its defective provision for the following reasons:
(i) incorrect operation, defects, failures and/or damage to terminals or client devices not provided by MASMOVIL.
(ii) the loss, alteration and/or total or partial damage to information contained in the client’s terminals or devices for reasons not attributable to the service.
(iii) any other that is not due to non-conformity of the service, or total or partial non-compliance or defective compliance by MASMOVIL. MASMOVIL is not responsible for any consequence derived from an incorrect configuration of the client’s devices that has not been carried out by MASMOVIL, or from the applications installed by the client, which are independent and unrelated in any case to the service provided by MASMOVIL.
MASMOVIL will adopt the measures and install the technical means required by current regulations at all times to ensure the secrecy of the content of the signal through the MASMOVIL network, being exempt from any liability that may arise from obtaining by the client or by third parties of recordings of telephone conversations, of their use or advertising and, in general, of any actions or omissions not attributable to MASMOVIL that violate the secrecy of telephone communications. The obligations that MASMOVIL has in accordance with the legislation applicable at all times to the interceptions carried out by authorized agents in compliance with said regulations are exempt.
MASMOVIL informs that it provides the telephone service available to the public, both fixed and mobile, with the ease of identifying the originating line and the connected line. If the customer does not want his telephone number to be identified by the rest of the users, MASMOVIL provides means to restrict the identification of the calling line and the connected line. The customer may have said information at the customer service.
5. CUSTOMER SERVICE AND NOTIFICATIONS
The operator (SBT Group) will offer a customer service that will include telephone assistance, from 9 a.m. to 9 p.m. from Monday to Saturday, not holidays, on the use of the services (technical assistance on your PC or service access device). To clarify any doubt regarding the price, billing, quality or any other matter related to the services or, if you want to make a claim, the client should contact the customer service. In case of claim, it will be assigned a reference number that SBT will communicate to the client. If the claim is made by telephone, the client may request a document that certifies the presentation and content of the same. This document will be sent within ten (10) days from your request. When the claim has been resolved, SBT will inform the customer of the solution adopted through the same means used to file the claim. Once the claim has been made, if the client has not obtained a satisfactory response from SBT within a period of one (1) month, they may go to the Consumer Arbitration Boards in the case of submission of SBT to them, or to the Secretary of State for Telecommunications and for the Information Society, in accordance with the provisions of current regulations, without prejudice to their right to go to court.
6. CAUSES OF SUSPENSION OF THE SERVICE
MASMOVIL may suspend the contracted service in the following cases:
• When the customer has not met his payment obligations or has exhausted his balance and/or exceeded his credit limit.
• If the client provides MASMOVIL with personal data that is not true, is deliberately incorrect or the identity of a third party is usurped.
• When the client makes an irregular or fraudulent use of the service.
• When the customer has used a means of payment fraudulently or there is a reasonable risk of fraud. In any of these cases, MASMOVIL will contact the client, prior to the suspension of the service, to inform him of the existence of a breach of the GCC. MASMOVIL may temporarily suspend the services in case of total or partial delay by the client in the payment of the services, from the date that MASMOVIL becomes aware of such circumstance, prior notice of 48 hours to the client in which he will be informed of the date from which the suspension will be carried out, and it cannot be carried out on a non-business day. Notwithstanding the foregoing, in the case of fixed telephone service, in the event of total or partial delay by the client in the payment of invoices for a period greater than (1) one month from their presentation, it may give rise, prior notice to the client of fifteen (15) days, to the temporary suspension of the contracted services in which the client will be informed of the date from which the suspension will take place, and it cannot be carried out on a non-business day. The suspension will only affect the services in respect of which payment has been incurred in arrears. The suspension of the service does not exempt the client from the obligation to continue paying the monthly installments. In case of temporary suspension of the telephone service due to non-payment, it will be maintained for outgoing emergency calls, as well as for incoming calls, with the exception of reverse charge calls and those of the mobile telephone service when abroad. MASMOVIL will restore the suspended service within the business day following the day on which it is aware that the amount owed has been fully paid. In the event of temporary suspension, if the client had filed a claim with the Consumer Arbitration Boards, in the event that MASMOVIL submits to them, or with the Secretary of State for Telecommunications and the Information Society, MASMOVIL will not will suspend or interrupt the service while the claim is being substantiated and the client reliably records the amount owed, delivering the corresponding receipt to MASMOVIL. The reconnection of the services will be carried out in accordance with the conditions in force at that time, and you must pay the current fee for this concept. During the period of suspension, MASMOVIL may remove the rented equipment from the customer’s address. The customer may formally request, fifteen (15) days in advance of the desired date on which it takes effect, the temporary suspension of the landline telephone service through a communication addressed to customer service. The duration of the suspension shall not be less than one (1) month nor more than three (3) months. The suspension period may not exceed ninety (90) days per calendar year. In these cases, MASMOVIL will deduct fifty percent (50%) of the proportional amount corresponding to the time affected from the customer’s subscription fee. The delay in the total or partial payment of the MÁSMÓVIL invoices for more than three (3) months or the temporary suspension of the services on two occasions, due to late payment, will entitle MÁSMOVIL to the definitive interruption of the services and the corresponding resolution of the contract. In any case, the service may be interrupted in accordance with current regulations when there is a deficiency caused by the client and that affects the integrity or security of the network or the provision of services to other clients. This measure will cease when the client carries out and communicates to MÁSMOVIL the disconnection of the equipment that is the object of the deficiency. MASMOVIL may occasionally interrupt the services in order to carry out improvement work, repair work, equipment changes or for similar reasons, although said interruptions will be as brief as possible and will be carried out, preferably and whenever possible, during minimum hours. consumption. The client accepts the need to consent to such interruptions and that MASMOVIL will not be obliged to compensate him except for the amount of compensation provided for in the “responsibility of MASMOVIL” section of this contract, which corresponds.
7. DURATION AND TERMINATION
This contract is for an indefinite period of time. MASMOVIL has the right to terminate the contract for the general causes of contract termination and for the causes mentioned in the GCC. The termination of MASMOVIL’s authorization to provide the service will be cause for automatic termination of this contract at the request of MASMOVIL when this determines the impossibility of continuing to provide it, without in this case accruing any right to compensation in favor of the client. For its part, the client has the right to terminate the contract at any time by sending a termination notice, accompanied by a copy of the national identity document or equivalent identification document, to the customer service department with at least two business days in advance. in advance of the day on which you wish to cancel the service. The contract will be terminated, with the consequent definitive interruption of the service, for the general causes admitted by law and especially for the following: • Customer’s decision. • Serious breach of the obligations derived from the contract, as well as for a use of the Service contrary to good faith. Delay in the payment of the Service for a period of more than three (3) months or the temporary suspension of the contract on two occasions due to late payment in accordance with the provisions of these CGC. • For unauthorized, illicit, fraudulent or improper use of the service. In exceptional cases in which it is necessary for technical, operational or service reasons, or in the event that the service is definitively interrupted, the client must return the devices and/or terminals owned by MASMOVIL. In application of the obligations imposed on MASMOVIL as a telecommunications operator in accordance with Law 25/2007, on the conservation of data related to electronic communications and public communications networks, it reserves the right to cancel the contract or block or suspend the Service at any time, in the event that the identification data provided by the client is found to be false, incorrect or incomplete. In the event that the client does not make a request to retain the numbering, the termination of the contract for any reason may result in the loss of the assigned numbering within a period of one month from the date of termination of the contract.
8. PROCESSING OF PERSONAL DATA
The personal data provided within the framework of the contracting and provision of the contracted Service will be processed by SPOTTING BRANDS TECHNOLOGIES S.L. with NIF B-86779584 with registered office located at Avenida de Bruxelles, 38, 28108 Alcobendas (Madrid) and Xfera Móviles, S.A.U., with NIF A-82528548 and the same registered office, under a co-responsibility regime, Spain. You can contact our Data Protection Officer (DPD or DPO) by sending an email to dpo@masmovil.com. The data will be processed with the purpose of managing the provision of its service and the management of the contractual relationship, which includes the possibility of consulting and communicating information to asset solvency files. You have detailed information on how we treat your personal data in the privacy policy https://blu.es/politicaprivacidad/
9. MODIFICATION OF THE CGC
MASMOVIL may make the modifications to these CGC, as well as the rates in force at any time, notifying the client affected by the modification at least one (1) month before the date of its entry into force, which will be expressly indicated. If the client does not accept the new conditions and notifies MASMOVIL, he may terminate the contract in advance and without any penalty. If, after one (1) month from the notification by MASMOVIL, the client has not expressly expressed their disagreement, or continues to use the Service after the entry into force of the announced modification, it will be understood that they accept the proposed modifications.
SPECIFIC CONDITIONS OF MOBILE TELEPHONY SERVICE

A. OBJECT
These specific conditions are applicable only in the case of contracting the mobile telephony service, either independently or in a convergent mode with other services.

B. INSTALLATION AND ACTIVATION OF THE LINE
The customer will have a period of 60 days from the date of purchase or receipt of their SIM card, to activate it. Once said period has elapsed without the card having been activated or used, MASMOVIL may cancel it. In this case, the customer will have the right to recover the amount paid for it, upon request to customer service.
MASMOVIL will have in this case, as well as in the case of cancellation of the registration by the client, the right to charge the management costs corresponding to the sending of the card, without prejudice to the provisions of the clause dedicated to the right of withdrawal when this be applicable. The applicable management costs, if applicable, will be communicated to the client in the particular conditions of the contracted services.

C. FEES, BILLING AND PAYMENTS
The rates of the mobile telephony service may have associated minimum consumption or fixed monthly fees. The minimum monthly consumption to be made by the client will depend on the particular conditions of each rate. If the client does not consume the minimum amount corresponding to their rate, MASMOVIL will invoice or deduct that amount from their balance each month or, where appropriate, the remainder until it is reached. Certain rates may have a fixed monthly fee that will be reported in the particular conditions of each rate before contracting. This fixed fee will accrue at the beginning of each billing period. In case of cancellation once the billing period has started, the client will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the billing period to the date of cancellation. Certain MASMOVIL procedures, which will be reported before they are carried out, may involve the charge of additional amounts. To guarantee the correct billing of data services in mobile mode, MASMOVIL may restore the connection of this service every two (2) hours of continuous connection. Restoring the service consists of automatically restarting the data session.

Prepaid option or contract without direct debit: in those cases in which the service has the modality and the client has opted for contracting the service in prepaid modality, he can recharge the balance of his card through any of the means of payment offered by MASMOVIL, such as a debit or credit card, recharge cards or in any of the affiliated establishments identified with our badge.
You can also request that the top-ups be made automatically when a certain date or predetermined balance arrives. In this case, the top-ups will be made against the credit or debit card provided by the customer for this purpose. If the balance of the card becomes negative, the amount of the next top-up will be used, totally or partially, to compensate said negative balance. The client is obliged to replace all the amounts corresponding to negative balances from the date on which they occurred. If the customer maintains a negative balance on their line, even when the service has been terminated, MASMOVIL will settle the amount owed by means of an additional charge through any of the means of payment registered by the customer to carry out their recharges.
The maintenance of a negative balance will imply the obligation for the client to pay default interest equal to the legal interest of the money, as well as the expenses caused by the management of the debit balance, which can amount to twenty (20) euros (VAT included ), and without prejudice to the other consequences that may arise from its non-compliance, among others, the inclusion in capital and credit solvency files. The customer can check their consumption details and charges through their personal online area on our website.

Monthly subscription option: if the customer has chosen to contract the MASMOVIL mobile telephone service in this modality, the fixed concepts associated with their SIM card, such as fees or bonuses, will be paid in full charged to your available balance at the beginning of the billing period. The balance will be recharged automatically by means of a monthly charge on a debit or credit bank card for a minimum amount of 10 euros. In case of full consumption of the balance before the end of the billing period, the customer may request, apart from the monthly fee and at their choice, the recharge of the same for a minimum amount of 10 euros or for higher amounts in multiples of 10 euros.
To contract the services of MÁSMOVIL in this modality, it is an essential condition that the client has a bank card suitable for electronic commerce and that allows a security verification to be carried out.
The fees or bonuses associated with this contracting modality are valid for one calendar month from the first day of the month to the last, both inclusive. In case of hiring the service once the reference month has started, the installments or bonuses will have an extension and price proportional to the remaining days from the hiring until the last day of that month.
Once the minutes of calls included in the installments or bonuses have been consumed, and the balance that may exist has been consumed, the calling service will be suspended, except in relation to toll-free and emergency numbers, until the first day of the following month after the charge of the corresponding amounts on the card or, where appropriate, until the extension of the services in the reference month. The call reception service will not be affected by this circumstance except in the event that the call received has associated costs (such as interconnection costs or reverse charge calls).
In case of consumption of the volume of mobile data contracted before the end of the reference month, the data service will be suspended until the first day of the following month after charging the corresponding amounts on the card or, where appropriate, until the expansion of services in the reference month. Consumptions made apart from the fixed concepts charged in advance will be charged to the available balance at that time. In case of specifying an extension of the services associated with the fixed fees, the client may request it through their personal area or by express request to the customer service. The cost of the extension of the services will be charged to the client’s bank card at the time of the confirmation of his request.
In case of cancellation of the service, MASMOVIL will refund the unconsumed balance to the bank card associated with the client.
The making or receiving of calls or traffic from abroad (roaming service) or calls to additional billing services are not included in the amount of fees or bonuses. Access to these services will require the existence of a balance in your favor or the extension of the service.
In the event that the client makes a rate change using the prepaid mode, it will be effective from the next recharge after having made the change request. As in the direct debit contracting modality, at any time and/or exceptionally, MASMOVIL may, in order to guarantee compliance with the client’s obligations, request guarantees in the same cases provided for in the CGC.
D. COVERAGE
MASMOVIL will provide the service exclusively in the coverage areas of the national territory in which it is implemented. MASMOVIL undertakes to provide the service within the limits of coverage and the state of technology. In any case, MASMOVIL will not be responsible for interruptions or malfunctions of the service caused by orographic and/or atmospheric conditions that prevent or make it impossible to provide it.
E. IDENTIFICATION OBLIGATIONS IN CASE OF CONTRACTING IN THE MONTHLY SUBSCRIPTION MODE
To contract the service in this modality, it is a necessary condition that you follow an identification and contracting process. The personal data provided during the Identification process will be treated in the terms provided in the CGC. In order to identify you in the terms required by current legislation, it is necessary that you provide us with the personal data requested in the contracting form via the web and a photograph of your ID or passport. The use of telematic means as a contracting channel makes it essential to apply measures that allow the effective verification of the identity of the contracting party and compliance with current regulations. The absence of any of the required data, its incorrectness or the failure to verify the data will lead to an error that will make it impossible to register and contract the services. If you do not agree with this identity verification procedure, you can contract through other contracting channels, which you can consult at www.blu.es.

F. CONSEQUENCES OF THE SUSPENSION OF THE SERVICE During the period of 30 days from the date of suspension of the service, you will be able to receive calls (except when you are outside the national territory or in the case of collect calls), SMS and MMS (“soft block”). Once the aforementioned period of 30 days has elapsed without the cause of the suspension having ceased, the reception of calls, SMS and MMS will also be blocked (“hard block”). Once 90 days have elapsed from the date of suspension without the cause having ceased, MASMOVIL will block the SIM card permanently, leaving the contract with MASMOVIL definitively terminated in relation to this Service. MASMOVIL may unilaterally terminate the contract in relation to this service when it considers that the mobile telephone service that is the object of the contract is inactive. The service will be considered inactive when four (4) consecutive months have elapsed without any consumption of billable services. MASMOVIL reserves the right to claim from the client the amount of the eventual negative balance, plus interest and expenses derived from the claim. Until the permanent block, it is possible to pay pending invoices, recharge balance and make emergency calls to the 112 number, as well as make calls to customer service.
PARTICULAR CONDITION OF PERMANENCE
In the case of subsidized purchase or assignment/rental or under advantageous conditions for the customer of the equipment or terminals, whether or not said purchase or assignment is linked to a specific price plan and/or to the application of certain discounts, as well as in the case of application of certain discounts on the price of services, the client agrees to remain registered in this contract, during the term and under the conditions detailed on the cover of the same, from the date of signing. In the event that the client cancels the contract early for any reason, does not pay SBT or MASMOVIL amounts owed and this leads to the definitive interruption of the service, breaches the contract, makes legal use of the service or changes the price plan contracted on the other with a consumption commitment or with a lower fee, you must pay SBT or MASMOVIL the corresponding amount based on both the commitment acquired and the time remaining to fulfill it, and up to the maximum detailed in the cover (indirect taxes not included), all as compensation for the fact of not responding as agreed and in attention to the benefits previously received. In the event that SBT or MASMOVIL cannot provide the service due to technical reasons beyond the control of the client, the latter must return the equipment and terminals delivered by SBT or MASMOVIL within a period of fifteen (15) days from the communication by SBT or MASMOVIL to the client of the impossibility of providing the service. The return of the equipment and terminals will be carried out by the client in the same way as the initial delivery of the same. In the event that the client does not proceed to return the equipment and terminals within the indicated period, they must pay SBT or MASMOVIL the amount detailed on the cover page. If during the term of permanence indicated, the client requests a change of address to a geographical area where SBT or MASMOVIL cannot provide the service due to technical reasons, the client must pay SBT or MASMOVIL the corresponding amount based on , both of the commitment acquired, and of the time remaining to fulfill it, and up to the maximum that is detailed on the cover page (indirect taxes not included), all of this as compensation for the fact of not responding as agreed and in attention to benefits previously received.
RIGHT OF WITHDRAWAL. ONLY APPLICABLE IN CASE OF DISTANCE CONTRACTING OR OUT OF ESTABLISHMENT
The client is recognized the right to withdraw from this contract within a period of 14 calendar days from its conclusion. In case of registration in SBT or MASMOVIL with portability from another origin operator, we inform you that the exercise of the right of withdrawal will not mean the automatic return to the origin operator, being necessary for the client to manage a new portability with their origin operator for this purpose.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or by email) adding the “Order number”. To do this, you can use the withdrawal form model available on our website, although its use is not mandatory.
You can send the communication exercising your right of withdrawal by email to info@blu.es or to the following postal address SPOTTING BRANDS TECHNOLOGIES S.L.: Avenida de Bruxelles, 38 – Alcobendas, Madrid, CP 28018. The exercise of the right of withdrawal will entail the obligation to return the equipment or terminals delivered by SBT or MASMOVIL for the provision of the service in its original packaging, in perfect condition, including all its accessories and preparation. Only the return of those products that do not show signs of being damaged will be accepted. The customer will be responsible for the decrease in value of the products subject to return that are the result of handling other than that necessary to establish the nature, characteristics and operation of the products subject to return. For greater security, the client could insert the withdrawal document in the package duly completed and signed.
As a consequence of exercising the right of withdrawal, the customer must return or deliver the products (terminals or devices) directly to the address indicated in this section, without undue delay and, in any case, no later than within 14 days. from the date on which you notify SBT or MASMOVIL of your decision to withdraw from the contract. Likewise, you must assume the direct cost of returning the products provided by SBT or MASMOVIL.
Notwithstanding the foregoing, we inform you that we can withhold the refund until we have received the returned products correctly or until we receive unequivocal proof of their return, depending on which condition is met first. In case of withdrawal, SBT or MASMOVIL will return to the client all payments received no later than 14 calendar days from the date on which the client informs SBT or MASMOVIL of their withdrawal. In case of withdrawal, having SBT or MASMOVIL installed and/or activated the service at the express request of the client during the period in which this right can be exercised and prior to the latter having exercised it, SBT or MASMOVIL will have the right to charge the cost of the installation and consumption carried out up to now and proportionally the installments provided for in the general and particular conditions of each rate incurred by the client. If the client withdraws from the contract and the price to be paid has been totally or partially financed by means of a credit (either by SBT or MASMOVIL, or by a third party prior agreement with SBT or MASMOVIL), said withdrawal will imply the resolution of the credit without penalty. If the client enjoys a provision of a discontinued commercial service with SBT or MASMOVIL and hires a new service under this contract, upon withdrawing from it, it will not be possible to restore the provision of the original service, however, which SBT or MASMOVIL will position the client in such a way that he is not harmed.
4.General Conditions of Broadband Internet from Third-Party Providers.
These conditions that are listed below correspond to the products typified as RE/NB type in the client’s contract.
A. GENERAL CONTRACTING CONDITIONS

1. OBJECT
SPOTTING BRANDS TECHNOLOGIES S.L. with registered office at Avenida de Bruxelles, 38 – Alcobendas, Madrid – CIF B86779584. Registered in the Mercantile Registry of Madrid, Volume: 31,466, Folio: 98, Section: 8, Page: M-566373, Inscription: 1, commercializes the telecommunications services provided by XFERA MÓVILES, S.A.U., hereinafter MÁSMÓVIL, Telecommunications Operator with registered office at Avenida de Bruxelles, 38, 28108 Alcobendas (Madrid), Spain, and CIF A-82528548, (hereinafter “Service” or the “Services”) These general contracting conditions (“GTC”) will govern the relations between the service client (the “client”) and MÁSMÓVIL in relation to the contracted services. The reading of the CGC by the client is a necessary condition and prior to the activation of the services, and implies the full and unreserved acceptance of each and every one of the provisions included in these CGC, which are also published on the website of MÁSMÓVIL www.masmovil.es (“our “web page”).
2. DESCRIPTION OF THE SERVICES
Fixed Telephone Service: The fixed telephone service, with voice over IP technology, allows the client to receive and make calls on their line, as well as other basic facilities and associated additional services.
Mobile telephone service: This service includes the provision of the telephone service for mobile calls and the associated electronic communications services (including the mobile Internet access service) and associated value-added services that the customer requests. To provide this service, MÁSMÓVIL will provide the customer with a SIM card that can be used in any unlocked mobile device. The service will be provided in the national territory. Outside of it, the customer can receive the service by requesting the activation of the mobile telephone service from abroad, (“roaming service” or “roaming service”). You are informed that your registration in the aforementioned service may imply the collection of special rates in your communications received and made abroad according to the regulations in force at any time.
Broadband internet access service (RE/NB): This service includes, regardless of the technology used: (i) Broadband Internet access (RE/NB) with 24-hour browsing at the contracted access speed. Due to the technical characteristics of the service, said speed is maximum, that is, MÁSMÓVIL cannot guarantee the access speed that the client has contracted at all times; and (ii) the associated additional services. For landline and mobile telephone services, if the customer does not have a number, MÁSMÓVIL will assign one. MÁSMÓVIL’s fixed and mobile telephone services include, where appropriate, the portability of the telephone number that the client had with his previous operator. To do this, the client must request it by completing the portability request, so that the portability of fixed or mobile telephony services can be processed in their previous operator. The portability will be carried out in accordance with the portability processing processes established in the respective technical specification document of the administrative procedures for the conservation of the numbering in the event of a change of operator, approved by the National Commission of Markets and the competition. The Services are offered to you solely as an end customer and for use based on good faith. In particular, without limitation, it is not allowed:
a) The use contrary to Spanish laws, or that infringes the rights of third parties or the proper use of services that are only for personal and particular use of the client, being responsible for controlling access to the themselves.
b) The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
c) The collection and/or use of personal data of other users without their express consent, or contravening the provisions of current data protection legislation.
d) The resale of traffic or services or the commercialization or economic exploitation of the same by any means or system.
e) Communication with numbers dedicated to call routing, that is, that offer, as a commercial service, the routing of the call to another number other than the one called.
f) The objectively irregular or fraudulent use of the services, such as: “baby monitors”; “walky-talky”; calls only, or mostly, to premium rate or value added services; use of the services to send unsolicited commercial communications; sending large messages to block foreign servers; carrying out unsolicited communications when they can be classified as irregular traffic. In particular, the client must not use the services to send unsolicited or mass mail (“spam”) or make any use of the mailing lists destined for any person who has not given permission to be included in such process. In these cases, MÁSMÓVIL may terminate the contract or temporarily block the affected services until the circumstances of the irregular use of the service are clarified or the rate can be changed, after notifying the client. In the latter case, the client may terminate the contract with respect to the specific service in the terms agreed upon therein.
3. FEES, BILLING AND PAYMENTS
The corresponding prices and charges will be applied to the services according to the rates and other general and/or particular conditions, offers or promotions in force at any time. Any modification of the rates will be communicated to the client by any means that MÁSMÓVIL deems appropriate so that the client is aware of such modification and of the new rates. The client will have these rates available at all times on our website. Access to emergency services is free.
The invoice will be monthly and will break down the basic service, as well as the rest of the services contracted by concepts invoiced within each service, including those corresponding to the assumptions of sale or assignment/rental of equipment. If for technical reasons it is not possible to invoice the client in the month immediately following the accrual, MÁSMÓVIL may invoice it in the following months.
Subscription fees will be billed for expired monthly periods. The metered services will be billed for monthly periods according to the consumption made in the previous month. The foregoing is without prejudice to what is indicated in the specific contracting conditions of each service of these general contracting conditions. In fixed telephone and fixed broadband internet (RE/NB) services, monthly subscription fees include network maintenance up to the PTR (network termination point, in the case of ADSL) or PTRO (network termination point). optical network, in the case of fiber).
The first invoice will include the registration and activation fees and, if applicable, the installation and/or maintenance fees. Where appropriate, they will also contain the price of the equipment purchased and the configuration of the services, unless the payment of said price is postponed or deferred, in which case it will include the proportional part corresponding to the first month based on the number of months of payment. postponed. Likewise, it will include the recurring fees that are applicable from the moment the service is activated within the invoiced period. The client has the right to choose a means of payment among those commonly used in commercial traffic. To use a payment method other than direct debit, (which is the default payment method, unless otherwise indicated in the particular conditions), you can contact customer service. The customer’s claims due to billing do not justify the delay in the payment of the invoices claimed. Invoices not paid when due will accrue late payment interest equal to the legal interest on the money, the expenses caused by the return of the receipt and other administrative expenses that can amount to a maximum of 20 euros (VAT included), without prejudice to the other consequences that may arise from non-compliance, among others, the inclusion of your data in asset and credit solvency files. MÁSMÓVIL may use the data related to the credit or debit cards that have been provided by the client to collect the amounts owed, if the client so authorizes it. your case established in the particular conditions for the cases permitted by law. The client expressly consents to the acceptance of the CGC that MÁSMÓVIL can issue the invoices corresponding to the service in electronic format (Electronic Invoice), having access to them through their personal online area, accessible with the access codes that MÁSMÓVIL will provide in the time of purchase, or by email if requested. The client may revoke this consent at any time, having the right to request the issuance of invoices free of charge on paper. To make this revocation, you must communicate it in writing to customer service.
If at the end of the contractual relationship, regardless of the contracting modality, there is a balance in favor of the client, he may request its return. MÁSMÓVIL may deduct the administrative and management expenses that may accrue according to the rates in force at any given time. The customer will also be entitled to this compensation right when the balance is in favor of MÁSMÓVIL. MÁSMÓVIL may, in order to guarantee compliance with the client’s obligations:
• Ask the customer for an advance, or make an additional charge to his account immediately, for the amounts accrued to date.
• Ask the client for a non-remunerated deposit in cash.
• Request a bank guarantee, for an amount never greater than the estimated average of three months of consumption per service.
• Restrict the client services with higher rates, additional rates and international services. This type of action may be carried out, among others, in the following cases:
• The credit limits established in your case are exceeded.
• The suspension or interruption of the service occurs due to any of the causes provided for in these CGC or the contractual resolution.
• Non-compliance with these CGC by the client.
• In case of fraud, or unauthorized use of the service according to these GTC.
• Objective risk of non-payment, understood as such, for example, the declaration of insolvency proceedings. Notwithstanding the foregoing, for the fixed telephone service, the provisions of the specific conditions of said service of these CGC will apply.
4. RIGHT TO DISCONNECT
In landline and mobile telephone services, the customer may request MÁSMÓVIL to disconnect additional billing services and international calls. To do this, you must contact customer service indicating your wish to disconnect from the services in question. MÁSMÓVIL will disconnect within a maximum period of ten (10) days from receipt of the request. If the disconnection does not occur within the period indicated for reasons not attributable to the client, the costs derived from the service whose disconnection had been requested will be borne by MÁSMÓVIL. In the event that the client wishes the activation or subsequent deactivation of this type of service, they must also make an express request for their activation or subsequent deactivation through the available customer service by calling 2373 or sending an e-mail to hola@masmovil.com.
5. RESPONSIBILITY OF MÁSMÓVIL AND QUALITY OF THE SERVICE
If there is a temporary interruption in the landline or mobile telephone service, the customer will be entitled to compensation that will be equal to the greater of the following two:
a) The average amount billed for the interrupted services during the three (3) months prior to the interruption, prorated by the actual time that the temporary interruption of the service affects the client. If it is less than three months old, the amount of the average invoice will be considered in the full monthly installments made or the one that would have been obtained in an estimated monthly installment in proportion to the period of effective consumption made.
b) Five times the monthly subscription fee or equivalent in force at the time of the interruption, prorated for the duration of the interruption. Roaming services or calls (Roaming Service) provided abroad by operators other than MÁSMÓVIL are excluded from the scope of responsibility in the mobile telephony service. MÁSMÓVIL will automatically pay this amount by deducting it from the next invoice, when the amount of compensation is greater than one (1) euro. If the invoice is not issued due to service cancellation, the compensation will be paid by the means agreed with the client in each case. For subscribers subject to prepaid modalities, the adjustment in the balance will be made in a period not exceeding that of the rest of the subscribers. If the temporary interruption is due to force majeure, MÁSMÓVIL will limit itself to automatically compensating the customer with the refund of the amount of the subscription fee and others independent of the traffic, prorated for the duration of the interruption.
If there is a temporary interruption of the broadband internet access service (RE/NB) during a billing period, the customer will have the right to be compensated with the refund of the amount of the subscription fee and other fixed fees, prorated by the time that the interruption would have lasted when the interruption of the service has been, continuously or discontinuously, greater than six hours from 8 a.m. to 10 p.m. The compensation will be paid in the following invoice. The corresponding invoice will state the date, duration and calculation of the amount of compensation corresponding to the subscriber.
In the cases listed in the preceding paragraphs, MÁSMÓVIL will automatically indemnify the client if the interruption affects the area where the address that appears in the client’s contract is located, or in the case of mobile telephony service, knows that said client was in a zone affected by the interruption at the time of the interruption and could not place you in another zone during the period of the interruption. If the customer has been affected by an interruption and has not been computed as affected in the above terms, he must notify MÁSMÓVIL, through customer service, within ten (10) days from the restoration of the service, which has been affected by the interruption of the service, indicating, in the event of affecting the mobile telephony service, its geographical location at the time of the interruption. Said information must not be contradictory with that recorded in the MÁSMÓVIL systems.
Additionally, except for interruptions due to force majeure, MÁSMÓVIL undertakes to offer the following level of quality in the service: Regarding the time of interruption of a service, a commitment of maximum interruption not exceeding 48 hours throughout each period of billing. If this commitment is breached, MÁSMÓVIL will indemnify the customer for an amount equal to a prorated monthly fee for the length of time the interruption in the billing period lasted.
When, due to promotions, the client enjoys a discount on the entire monthly fee for the services, the non-promoted monthly fee for said services will be taken into account for compensation purposes. Said indemnities will be accumulated with those foreseen in the previous paragraphs.
For these purposes, the service interruption time is defined as the sum of the times elapsed from the moment in which the unavailability of the service has occurred, once it has been activated, until the moment in which it has been restored to normal operation. .
The start time of the account will be the first of the following two events: (i) notification by the customer of the fault notice, or (ii) registration by MÁSMÓVIL of the incident causing the total or partial interruption of the service.
For compensation purposes in all the above commitments, the monthly fee for the broadband internet access service (RE/NB) will be considered to be 50% of the total monthly fee in those cases of contracting joint packages of services in the that the price of the total package fee does not break down the amount attributable to each service (Telephone service and broadband internet access service (RE/NB)). The provisions of the preceding sections shall not apply when the temporary interruption is due to any of the following causes:
a) Serious non-compliance by customers with the contractual conditions, especially in the event of fraud or late payment that will lead to the application of temporary suspension and interruption of the service.
b) Damages produced in the network due, for example, to the connection by the client of terminals whose conformity has not been evaluated, in accordance with current regulations.
c) Non-compliance with the code of conduct by a client who provides premium rate services, when the ownership of the subscription contract corresponds to the latter. The customer who owns the service is responsible for all traffic, services used and misuse made of it. Notwithstanding the foregoing, MÁSMÓVIL, after identifying the owner of the line and its circumstances, may also take the measures within its power to avoid damage from the date on which, through the customer service, the record or suspects the loss, theft or theft of their access codes to the service or the existence of fraud or, in the case of the mobile telephone service, the loss, theft or theft of the SIM card.
MÁSMÓVIL is not responsible for any damages and/or losses and/or benefits not obtained by the client or any other third party, caused directly or indirectly by the lack of provision of the service or its defective provision for the following reasons: (i) incorrect operation, defects, faults and/or damage to customer terminals or devices not provided by MÁSMÓVIL (ii) the loss, alteration and/or total or partial information contained in the client’s terminals or devices for reasons not attributable to the service and (iii) any other that is not due to lack of conformity of the service or total or partial non-compliance or faulty compliance by MÁSMÓVIL . MÁSMÓVIL is not responsible for any consequence derived from an incorrect configuration of the client’s devices that has not been carried out by MÁSMÓVIL or from the applications installed by the client, which are independent and unrelated in any case to the service provided by MÁSMÓVIL.
MÁSMÓVIL will adopt the measures and install the technical means required by the regulations in force at any given time, which will guarantee the secrecy of the content of the signal through the MÁSMÓVIL network, being exonerated from any responsibility that may arise from obtaining it by the client. or by third parties of recordings of telephone conversations, of their use or publicity and, in general, of any actions or omissions, not attributable to MÁSMÓVIL, that violate the secrecy of telephone communications. The obligations that MÁSMÓVIL has in its case in accordance with the legislation applicable at any time to the interceptions carried out by the authorized agents in compliance with said regulations are exempt. MÁSMÓVIL informs that it provides the telephone service available to the public, fixed and mobile, with the ease of identifying the originating line and the connected line. If the customer does not want his telephone number to be identified by the rest of the users, MÁSMÓVIL provides means to restrict the identification of the calling line and the connected line. The customer may have said information at the customer service.
6. CUSTOMER SERVICE AND NOTIFICATIONS
The “operator” (GRUPO AHI+) will offer a customer service that will include telephone assistance, from 9 a.m. to 9 p.m. from Monday to Saturday, not holidays, on the use of the services (technical assistance on your PC or service access device). To clarify any doubt regarding the price, billing, quality or any other matter related to the Services or if you want to make a claim, the client should contact the customer service. The customer can make inquiries on our website www.blu.es or by sending an email to the address info@blu.es. You can also make your queries by postal mail addressed to the following address: SBT with registered office at Avenida de Bruxelles, 38, CP 28018, Alcobendas (Madrid). In the event of a claim, it will be assigned a reference number that SBT will communicate to the client. If the claim is made by telephone, the client may request a document that certifies the presentation and content of the same. This document will be sent within ten (10) days from your request. When the claim has been resolved, SBT will inform the customer of the solution adopted through the same means used to file the claim. Once the claim has been formulated, if the client has not obtained a satisfactory response from SBT within a period of one (1) month, he may go to the consumer arbitration boards in the case of submission of SBT to them, or to the Secretary of State of Telecommunications and for the Information Society in accordance with the provisions of current regulations, without prejudice to their right to go to court.
7. PERSONAL DATA PROTECTION
The personal data provided within the framework of the contracting and provision of the contracted Service will be processed by SPOTTING BRANDS TECHNOLOGIES S.L. with NIF B-86779584 with registered office located at Avenida de Bruxelles, 38, 28108 Alcobendas (Madrid) and Xfera Móviles, S.A.U., with NIF A-82528548 and the same registered office, under a co-responsibility regime, Spain. You can contact our Data Protection Officer (DPD or DPO) by sending an email to dpo@masmovil.com. The data will be processed with the purpose of managing the provision of its service and the management of the contractual relationship, which includes the possibility of consulting and communicating information to asset solvency files. You have detailed information on how we treat your personal data in the privacy policy https://blu.es/politicaprivacidad/
8. CAUSES OF SUSPENSION OF THE SERVICE
MÁSMÓVIL may suspend the contracted service in the following cases:
• When the customer has not met his payment obligations or has exhausted his balance and/or exceeded his credit limit.
• If the client provides MÁSMÓVIL with personal data that is not true, is deliberately incorrect or the identity of a third party is usurped.
• When the client makes an irregular or fraudulent use of the service.
• When the customer has used a means of payment fraudulently or there is a reasonable risk of fraud. In any of these cases, MÁSMÓVIL will contact the client, prior to the suspension of the service, to inform him of the existence of a breach of the GTC. MÁSMÓVIL may temporarily suspend the services in the event of total or partial delay by the client in the payment of the services, from the date that MÁSMÓVIL becomes aware of said circumstance, prior notice of 48 hours to the client in which he or she will be informed of the the date from which the suspension will be carried out, and it cannot be carried out on a non-business day. Notwithstanding the foregoing, in the case of fixed telephone service, in case of total or partial delay by the client in the payment of invoices for a period greater than (1) one month from their presentation, consenting to such interruptions and that MÁSMÓVIL will not be obliged to compensate you except for the amount of compensation provided for in the section “LIABILITY OF MÁSMÓVIL” of this contract, which corresponds.
9. DURATION AND TERMINATION
This contract is for an indefinite period of time. MÁSMÓVIL has the right to terminate the contract for the general causes of contract termination and for the causes mentioned in the GTC. The termination of MÁSMÓVIL’s authorization to provide the service will be cause for automatic termination of this contract at the request of MÁSMÓVIL when this determines the impossibility of continuing to provide it, without in this case accruing any compensation right in favor of the client. For its part, the client has the right to terminate the contract at any time by sending a termination notice, the model of which can be found on our website, accompanied by a copy of the national identity document or equivalent identification document, to the customer service with , at least two business days before the day on which you wish to cancel the service. The contract will be terminated, with the consequent definitive interruption of the service, for the general causes admitted by law and especially for the following:
• Customer’s decision.
• Serious breach of the obligations derived from the contract, as well as for a use of the service contrary to good faith.
• Delay in the payment of the service for a period of more than three (3) months or the temporary suspension of the contract on two occasions due to late payment in accordance with the provisions of these CGC.
• For unauthorized, illicit, fraudulent or improper use of the service. In exceptional cases in which it is necessary for technical, operational or service reasons, or in the event that the service is permanently interrupted, the customer must return the devices and/or terminals owned by MÁSMÓVIL. In application of the obligations imposed on MÁSMÓVIL as a telecommunications operator in accordance with Law 25/2007, on the conservation of data related to electronic communications and public communications networks, it reserves the right to cancel the contract or block or suspend the service at any time, in the event that the identification data provided by the client is found to be false, incorrect or incomplete. In the event that the client does not make a request to retain the numbering, the termination of the contract for any reason may result in the loss of the assigned numbering within a period of one month from the date of termination of the contract.
10. MODIFICATION OF THE CGC
MÁSMÓVIL may make changes to these CGC, as well as the rates in force at any time, may give rise, prior notice to the client of fifteen (15) days, to the temporary suspension of the contracted services in which the client will be informed of the date from which the suspension will be carried out, and it cannot be carried out on a non-business day. The suspension will only affect the services in respect of which payment has been incurred in arrears. The suspension of the service does not exempt the client from the obligation to continue paying the monthly installments. In case of temporary suspension of the telephone service due to non-payment, it will be maintained for outgoing emergency calls, as well as for incoming calls, with the exception of reverse charge calls and those of the mobile telephone service when abroad. MÁSMÓVIL will restore the suspended service within the business day following the day on which it is aware that the amount owed has been paid in full. In the event of temporary suspension, if the client had filed a claim with the consumer arbitration boards, in the event that MÁSMÓVIL submits to them, or with the Secretary of State for Telecommunications and the Information Society, MÁSMÓVIL will not will suspend or interrupt the service while the claim is being substantiated and the customer reliably records the amount owed, delivering the corresponding receipt to MÁSMÓVIL. The reconnection of the services will be carried out in accordance with the conditions in force at that time, and you must pay the current fee for this concept. During the period of suspension, MÁSMÓVIL may remove the rented equipment from the client’s home. The customer may formally request, fifteen (15) days in advance of the desired date on which it takes effect, the temporary suspension of the landline telephone service through a communication addressed to customer service. The duration of the suspension shall not be less than one (1) month nor more than three (3) months. The suspension period may not exceed ninety (90) days per calendar year. In these cases, MÁSMÓVIL will deduct fifty percent (50%) of the proportional amount corresponding to the time affected from the customer subscription fee. The delay in the total or partial payment of the MÁSMÓVIL invoices for more than three (3) months or the temporary suspension of the services on two occasions, due to late payment, will entitle MÁSMÓVIL to the definitive interruption of the services and the corresponding resolution of the contract. In any case, the service may be interrupted in accordance with current regulations when there is a deficiency caused by the client and that affects the integrity or security of the network or the provision of services to other clients. This measure will cease when the customer performs and communicates to MÁSMÓVIL the disconnection of the equipment that is the object of the deficiency. MÁSMÓVIL may occasionally interrupt the services in order to carry out improvement work, repair work, equipment changes or for similar reasons, although said interruptions will be as brief as possible and will be carried out, preferably and whenever possible, during minimum hours. consumption. The client accepts the need by notifying the client affected by the modification at least one (1) month in advance of the date of its entry into force, which will be expressly indicated. If the client does not accept the new conditions and so notify MÁSMÓVIL, you can terminate the contract in advance and without any penalty. If one (1) month has elapsed since the notification by MÁSMÓVIL, the client has not expressly expressed their disagreement, or continues to use the service after the announced modification comes into force, it will be understood that they accept the proposed modifications.
11. CHANGES OF ADDRESS, TELEPHONE NUMBER OR HOLDER
The client may request a change of address in which he receives the contracted services through the customer service. If for technical reasons MÁSMÓVIL cannot provide the services at the new address, the client may terminate the contract in advance and without any penalty. If the change of address is technically possible, the client will only have to pay the current rate of fifty-nine (59) euros VAT. included for change of address. In the case of rental of telephone and/or Internet devices, the client must transfer the equipment associated with these services to the new address under his/her responsibility. Whenever it is necessary to change the customer’s mobile or landline telephone number, either due to technical imperatives or because it is required by current regulations, MÁSMÓVIL will notify you of said change and its reasons with a notice that will be three (3) months in the case of fixed telephony, informing him of the new number that will be assigned, the client not having the right to compensation for this concept. Notwithstanding the foregoing, MÁSMÓVIL will adopt the appropriate measures so that the client can keep their telephone number when changing operator in accordance with the regulations and conditions that regulate it. In addition, the customer may request the change of telephone number at any time. In the event of a change of owner, both the current and the new one, declare that all the data provided to the MÁSMÓVIL customer service is correct and that they have read, know and fully accept these GTC. The date of change of the new payment responsibility will be the day following the confirmation of the change of owner by MÁSMÓVIL, which will happen once it has received the necessary documentation duly completed. Notwithstanding the foregoing, the change of ownership does not exempt the current owner from payment of the amounts accrued up to the date of the change.
12. ASSIGNMENT
MÁSMÓVIL reserves the right to transfer the rights and/or obligations arising from these GTC to a company belonging to the same business group or to a third-party electronic communications operator without the need to require the express consent of the customer, notifying him of this fact at least with one (1) month in advance. The client who does not wish to accept such an assignment may terminate the contract in advance and without any penalty.
13. NULLITY
The declaration of nullity, ineffectiveness or invalidity of any of these CGC will not affect the validity of the remaining conditions that will remain in force and will be binding for the parties.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
The legislation applicable to the relationship that unites the parties is Spanish, with the competent forum being the one that determines in each case the regulations on the protection of consumers and users in the event that the client has the status of consumer. Otherwise, the parties are subject, to the exclusion of any other forum that may correspond to them, to the jurisdiction of the courts and tribunals of Madrid capital for the resolution of differences arising from the interpretation or application of these terms and conditions.
SPECIFIC CONDITIONS FOR FIXED TELEPHONY SERVICES AND BROADBAND INTERNET ACCESS (RE/NB)
1. OBJECT
These specific conditions are applicable only in the event of contracting the Fixed Telephony Service and Broadband Internet Access (RE/NB), either independently or in convergent mode with other Services.

2. INSTALLATION AND ACTIVATION OF THE LINE
The conditions of installation and activation of the service will depend on whether it is provided over an ADSL or fiber optic line. MÁSMÓVIL will provide access to the fiber optic service only in those places where it has adequate infrastructure for it. You can check the coverage areas on our website or at customer service.
2.1. ADSL
The installation of services on an ADSL line requires actions such as the unbundling of the subscriber loop, installation of devices and/or portability, where applicable. The client will allow, when necessary, for the correct provision of the service, that the people designated by MÁSMÓVIL have access to the client’s property.
The client declares that he has been informed in detail of the characteristics and conditions of the broadband internet access service (RE/NB) and expressly requests for the provision of the service, where appropriate, that his pair of wires (also called ” loop”) is accessed by MÁSMÓVIL or the companies of the MÁSMÓVIL Group (any of them, hereinafter, “MASMÓVIL”) in the completely unbundled access modality or in the indirect access modality. MÁSMÓVIL will carry out the following actions at the customer’s address that are necessary for the installation of the service:
• Installation of a network termination point (PTR).
• Installation of an ADSL/Wifi modem.
• Connection of installed equipment with a max. 1.5 meters.
Likewise, the client declares that he has been informed of the characteristics of the provision of MÁSMÓVIL services and that this implies the automatic cancellation of all the services contracted by the client with his access operator in relation to said loop, including, where appropriate , Centrex services, virtual private network, hunt group, trunk line and any other service that involves association with the loop.
The client authorizes MÁSMÓVIL to carry out on their behalf as many procedures as may be necessary to access their peers, or to carry out as many actions as may be necessary on the client’s line to provide the broadband internet access service (RE/NB). In the event that the client does not coincide with the owner of the lines, the client expressly states that he has obtained the aforementioned authorization.
MÁSMÓVIL will initiate the disaggregation procedure, if applicable, of the line indicated by the client, provided that there is a guarantee of being able to offer the service with adequate quality on it. If this does not exist, MÁSMÓVIL will install or request a new pair at the customer’s address. For these purposes, the client expressly authorizes MÁSMÓVIL to register a new line, in his name, at his address.
Once it is possible to provide the service over the line, MÁSMÓVIL will carry, where appropriate, the client’s number in accordance with the portability request that the client has signed in this contract. In the event of a change of owner, both the current and the new one, declare that all the data provided to the MÁSMÓVIL customer service is correct and that they have read, know and fully accept these GTC. The date of change of the new payment responsibility will be the day following the confirmation of the change of owner by MÁSMÓVIL, which will happen once it has received the necessary documentation duly completed. Notwithstanding the foregoing, the change of ownership does not exempt the current owner from payment of the amounts accrued up to the date of the change.
2.2. FIBRE OPTICS
If the client does not have the necessary installation to provide the service, it is necessary that MÁSMÓVIL or another company acting on its own, carry out the installation at the client’s address. To do this, after signing these general and specific conditions, a technician from MÁSMÓVIL or from an external company authorized by it, will appear at the client’s address on the date agreed with the client. The client expressly authorizes MÁSMÓVIL and the technicians designated by it to access their home and the installations and equipment necessary for the correct installation. This authorization extends to the case in which it is necessary to carry out any action for the correct provision or maintenance of the service, as well as, where appropriate, at the time of removal of the equipment. The client will have to provide the technician with the entrance to the location of the building where the access for the optical fiber is located in case it has been deployed inside.
MÁSMÓVIL will carry out the following actions to install the service:
• Connection of the outdoor fiber optic cable to the customer’s building network.
• Cable laying inside the building or on the façade to the customer’s address.
• Installation in the customer’s home of an optical network termination point.
• Installation in the customer’s home of a Wi-Fi router ONT.
• Connection of installed equipment with a maximum of 1.5 meters.
• MÁSMÓVIL may modify the elements to be installed or the actions to be carried out for the installation, according to the needs of the service at any given time. The client acknowledges that they have been informed of the characteristics of the provision of the services and that in the case of fiber optics, this does not imply the automatic cancellation of all the services that the client may have previously contracted with MÁSMÓVIL or with another operator. The client can keep his previous ADSL service/internet access if he had it and the associated services. In this same case, the client’s cancellation of the ADSL/Internet access service in their previous operator is their responsibility. In the event that the client wishes to cancel, he must contact his previous operator. Both in the case of installation and activation of the ADSL service and the fiber optic service, the client declares that he has the permits and licenses of third parties that, where appropriate, are necessary for the installation and provision of the service, being MÁSMÓVIL in any case exempt from liability to these third parties. The non-acceptance by the client of the basic installation to be carried out by MÁSMÓVIL will give the latter the right to terminate this contract immediately, proceeding in any case to bill the client for those expenses that have been generated up to the date of termination of the contract.
3. FEES, BILLING AND PAYMENTS
The rates applicable to the fixed telephony service may have associated minimum consumption or fixed monthly fees.
The minimum monthly consumption to be made by the client will depend on the particular conditions of each rate. In the event that you do not consume the minimum amount corresponding to your rate each month, MÁSMÓVIL will invoice you for that amount in that month or, as the case may be, the remaining amount until it is reached. Certain rates may have a fixed monthly fee. The existence of the same will be reported in the particular conditions applicable to each rate prior to contracting. This fixed fee will accrue at the beginning of each billing period. In case of cancellation once the billing period has started, the client will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the billing period to the date of cancellation. Similarly, certain actions by MÁSMÓVIL, which will be reported prior to their completion, may require additional amounts. MÁSMÓVIL may require the constitution of guarantee deposits, at the time of contracting the fixed telephone service or during the term of the contract when:
a) The client has left one or more receipts unpaid, as long as the delinquency continues.
b) Debts have been contracted for other subscription contract(s), current or not, or are repeatedly late in paying bills. The deposit may be made in cash or by means of a bank guarantee at the client’s choice.
Deposits will not be remunerated. MÁSMÓVIL will require the constitution by a means that records its receipt, granting it a period of no less than fifteen (15) days for its constitution or for the payment of the pending amounts. If the deposit is not made, MÁSMÓVIL may reject the registration request, suspend the service and cancel the customer if the deposit is not made after ten (10) days from the time a second request is made. The requested deposits will be for an amount never greater than the estimated average of three (3) months of consumption per service. The return of the deposits will occur: in case a), as soon as MÁSMÓVIL has proof of full payment of the amounts owed, and in case b), when it is proven that in one year there has been no delay in payment. . If the customer with outstanding debts unsubscribes or requests a change of ownership of their service, MÁSMÓVIL may execute the guarantee for the total amount of the debt contracted, leaving the remainder at the customer’s disposal. If the customer has paid all receipts, the deposit will be returned in full. The return period will be fifteen (15) days from the day after the one in which the circumstances listed above are met.
4. BROADBAND INTERNET ACCESS SERVICE (RE/NB)
The client declares that he has been informed in detail of the characteristics and conditions of the broadband internet access service (RE/NB). Due to the technical configuration of the service, we inform you that the cancellation of the broadband internet access service (RE/NB), could in turn affect the fixed telephone service, causing in this case the cancellation of the latter. service. The customer is also informed that the provision of the service may involve incompatibilities with services based on modems or alarms, switchboards, lift lines and telecare services and, in general, with any service provided over a traditional telephone line. MÁSMÓVIL does not guarantee the operation of the aforementioned services that were installed prior to the activation of the broadband internet access service (RE/NB). When the service is provided over ADSL, the customer acknowledges that MÁSMÓVIL cannot guarantee that it will have the contracted speed in all cases, since the distance to the central office, the quality of the line and possible interference, may suppose a reduction of the mentioned speed. MÁSMÓVIL will make its best efforts so that the client has the maximum technically possible speed of the contracted ADSL service. In general, both in the event that the service is provided over ADSL and fiber optics, the contracted speed will be enjoyed using the ethernet cable connection between the equipment provided and the client’s terminal. This speed may be limited by the capabilities of the device used by the customer to connect to the service. When other means of connection such as Wi-Fi or others are used, the speed of the client’s device may be limited by the characteristics of said means of connection. In the case of Wi-Fi, factors beyond the control of MÁSMÓVIL such as the structure of the customer’s home, interference with other Wi-Fi networks, the capabilities of the device used by the customer to connect to the Internet, use outdoors or indoors, or other factors. , can cause the decrease in the final speed enjoyed by the client. In addition to the aforementioned factors unrelated to MÁSMÓVIL that may cause a reduction in the speed enjoyed by the customer, it is possible that this may be limited in the event that MÁSMÓVIL carries out maintenance operations or in the event of service interruptions. entirely. The return period will be fifteen (15) days from the day after the one in which the circumstances listed above are met.
5. LANDLINE TELEPHONE SERVICE
In the event that the client contracts the fixed telephone service, it will be provided on the line associated with the ADSL service or on the fiber optic line, as the case may be. Due to the technical configuration of the service, we inform you that the cancellation of the fixed telephone service could in turn affect the broadband internet access service (RE/NB), causing in this case the cancellation of the latter service. The telephone service, with voice over IP technology, allows the customer to receive calls destined for the numbering associated with their line on their fixed terminal. In addition, it allows the customer to make calls from the same line. In the case of provision of the service over the fiber optic line, the customer can keep his previous telephone service if he had it and the associated services. In this case, the cancellation of the client in the telephone service in his previous operator is the responsibility of the same. In the event that the client wishes to cancel, he must contact his previous operator. In order to enjoy this service, the client authorizes MÁSMÓVIL to carry out as many actions on the network as are necessary to guarantee the reception of calls destined for its geographical numbering.
6. ACTIVATION OF THE FIXED TELEPHONE SERVICE AND BROADBAND INTERNET ACCESS (RE/NB)
MÁSMÓVIL will activate the fixed telephone and broadband internet services (RE/NB) within a maximum period of thirty (30) calendar days from the customer’s acceptance of these GTC. The activation of the aforementioned services will take place on the same day that MÁSMÓVIL completes the installation at the customer’s home in a satisfactory manner or once the suitability of the pre-existing installation has been verified. This activation period is called the initial connection supply time, for the purposes of current quality obligations to which MÁSMÓVIL is subject. Failure to comply with the aforementioned initial connection supply time commitment by MÁSMÓVIL will entail compensation for the client at the rate of (1) euro per calendar day of delay, up to a maximum of ninety (90) euros. In the event of technical causes that make it impossible for MÁSMÓVIL to provide the service, or the non-accessibility of the cable installation to the connection point of the customer’s home or other assumptions not attributable to MÁSMÓVIL for which MÁSMÓVIL could not provide the service, such as causes of force majeure or others attributable to the client, no right to compensation will arise in favor of the client. MÁSMÓVIL undertakes to provide the contracted services in accordance with the quality commitments required by the applicable regulations in force.
7. EMERGENCY SERVICES
MÁSMÓVIL provides free customer access to emergency services, as well as information on the location of the person making the call, the latter depending on the capacity of the systems of the autonomous community in which the customer is located. time to call the aforementioned services.
8. SUBSCRIBER GUIDES
If the client requests that their data be included in the subscriber directories by checking the corresponding box, MÁSMÓVIL will communicate the data that the client indicates to the National Commission of Markets and Competition so that it makes them available to the entities who prepare the guides and/or provide information services.
9. EQUIPMENT AND TERMINALS
MÁSMÓVIL will deliver to the client or install at their home, in the event that the client does not have the necessary installation for the provision of the service, the following equipment (for the purposes of these GTC, the equipment):
(I) ONT / Wifi Router (in case of optical fiber);
(II) ADSL/Wifi Modem (in case of ADSL);
(III) If necessary, a network termination point (PTR) in ADSL installations;
(IV) An optical network termination point (PTRO) in fiber installations;
(V) Wiring with the limits described in these CGC;
(VI) Any other equipment, peripheral or device delivered by MÁSMÓVIL to the client for the correct provision of the services. The technical characteristics of the equipment that MÁSMÓVIL delivers and installs to offer customer service may be subject to change. The customer will be informed of possible changes through our website and through customer service.
MÁSMÓVIL will configure or provide the instructions for the configuration of the equipment provided to the client. Unless opposed by the client, MÁSMÓVIL may create a second independent channel on the equipment through which the service is provided, at no cost or affecting the quality of the contracted service, to provide additional services such as the possibility of sharing broadband Internet (RE) with third parties. This will not affect or reduce the speed contracted by the client for their broadband internet access service. The customer may deactivate this sharing at any time through the MÁSMÓVIL customer service. MÁSMÓVIL assigns the equipment to the client under a transfer/rental regime, unless expressly indicated otherwise by MÁSMÓVIL. The customer is responsible for the proper use of the equipment, as well as its non-manipulation. MÁSMÓVIL will be responsible for the maintenance of the assigned equipment, as well as its replacement in the event of a breakdown. The client undertakes to return the equipment to MÁSMÓVIL in a state of use and conservation suitable for its correct use, upon request from MÁSMÓVIL, at any time and in any case, within one (1) month after the service drop. If the client does not return the equipment within said period, MÁSMÓVIL will apply the penalty specified in the cover page of the contract. If MÁSMÓVIL delivers any type of software or self-installable equipment or terminal, the customer must follow the installation instructions provided by MÁSMÓVIL. MÁSMÓVIL does not offer any guarantee, either explicit or implicit, on the installation aid software provided, nor is it responsible for any damage or alterations that, due to its execution, may be caused to the client’s computer system (configuration, software and/or or hardware) or in the electronic documents and files stored in your computer system.
10. TERMINAL WARRANTY AND AFTER-SALES SERVICE
Notwithstanding the foregoing, if there are terminals or equipment associated with the contract that are acquired by the client from MÁSMÓVIL or from a third party with whom MÁSMÓVIL has reached an agreement in this regard, said equipment has a legal guarantee period from its purchase, delivery or installation date, accredited with the corresponding invoice or delivery note. In such cases, MÁSMÓVIL offers an after-sales service for processing repairs with an official technical assistance service recognized by the manufacturer of the aforementioned equipment. Said guarantee shall not apply in the following cases:
• Replacement of wear parts as a result of normal use of the equipment.
• If the equipment has been tampered with by a technical assistance service not authorized by MÁSMÓVIL.
• If the cause of the non-conformity is due to incorrect installation by the customer or improper handling or with elements/accessories not original from the manufacturer.
11. MAINTENANCE
MÁSMÓVIL will repair the breakdowns that occur in all the equipment assigned and related to the provision of the service that have been provided by MÁSMÓVIL, assuming the cost of the same as long as they have occurred for reasons not attributable to the client. In the event that the customer detects a fault in the equipment or a malfunction of the service, they must contact the MÁSMÓVIL technical service by calling the customer service. MÁSMÓVIL will use the means it deems necessary at all times to resolve the incident.
SPECIFIC CONDITIONS OF MOBILE TELEPHONY SERVICE
1. OBJECT
These specific conditions are applicable only in the case of contracting the mobile telephony service, either independently or in convergent mode with other services.
2. INSTALLATION AND ACTIVATION OF THE LINE
The customer will have a period of 60 days from the date of purchase or receipt of their SIM card, to activate it. Once said period has elapsed without the card having been activated or used, MÁSMÓVIL may cancel it. In this case, the customer will have the right to recover the amount paid for it, upon request to customer service. In this case, MÁSMÓVIL will have, as well as in the case of cancellation of the registration by the client, the right to charge the management costs corresponding to the sending of the card, without prejudice to the provisions of the clause dedicated to the right of withdrawal when this be applicable. The applicable management costs, if applicable, will be communicated to the client in the particular conditions of the contracted services.
3. FEES, BILLING AND PAYMENTS
The rates of the mobile telephony service may have associated minimum consumption or fixed monthly fees. The minimum monthly consumption to be made by the client will depend on the particular conditions of each rate. If the customer does not consume the minimum amount corresponding to their rate, MÁSMÓVIL will invoice or deduct that amount from their balance each month or, where appropriate, the remainder until it is reached. Certain rates may have a fixed monthly fee that will be reported in the particular conditions of each rate before contracting. This fixed fee will accrue at the beginning of each billing period. In case of cancellation once the billing period has started, the client will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the billing period to the date of cancellation. Certain actions by MÁSMÓVIL, which will be reported before they are carried out, may involve the charge of additional amounts. To guarantee the correct billing of data services in mobile mode, MÁSMÓVIL may restore the connection of this service every 2 hours of continuous connection. Restoring the service consists of automatically restarting the data session. The contracting of mobile telephony services in postpaid mode will be governed in accordance with the provisions of these general and specific contracting conditions.
3.1. MONTHLY SUBSCRIPTION OPTION
If the customer has chosen to contract the MÁSMÓVIL mobile phone service in this mode, the fixed items associated with their SIM card, such as installments or bonuses, will be paid in full from their available balance at the beginning of the subscription period. billing. The balance will be recharged automatically by means of a monthly charge on a debit or credit bank card for a minimum amount of 10 euros. In case of full consumption of the balance before the end of the billing period, the customer may request, apart from the monthly fee and at their choice, the recharge of the same for a minimum amount of 10 euros or for higher amounts in multiples of 10 euros. . To contract MÁSMÓVIL services in this modality, it is an essential condition that the client has a bank card suitable for electronic commerce and that allows a security verification to be carried out. The fees or bonuses associated with this contracting modality are valid for one calendar month from the first day of the month to the last, both inclusive. In case of hiring the service once the reference month has started, the installments or bonuses will have an extension and price proportional to the remaining days from the hiring until the last day of that month. Once the integrated call minutes are consumed in the installments or bonds, and consumed the balance that may exist, the call emission service will be suspended, except in relation to toll-free and emergency numbers, until the first day of the following month after the charge of the corresponding amounts in the card or, where appropriate, until the extension of services in the reference month. The call reception service will not be affected by this circumstance except in the event that the call received has associated costs (such as interconnection costs or reverse charge calls). In case of consumption of the volume of mobile data contracted before the end of the reference month, the data service will be suspended until the first day of the following month after charging the corresponding amounts on the card or, where appropriate, until the expansion of services in the reference month. Consumptions made apart from the fixed concepts charged in advance will be charged to the available balance at that time. In case of specifying an extension of the services associated with the fixed fees, the client may request it through their personal area or by express request to the customer service. The cost of the extension of the services will be charged to the client’s bank card at the time of the confirmation of his request. In the event of cancellation of the service, MÁSMÓVIL will refund the unused balance to the bank card associated with the customer. The making or receiving of calls or traffic from abroad (roaming service) or calls to additional billing services are not included in the amount of fees or bonuses. Access to these services will require the existence of a balance in your favor or the extension of the service. As in the direct debit contracting modality, at any time and/or exceptionally, MÁSMÓVIL may, in order to guarantee compliance with the client’s obligations, request guarantees in the same cases provided for in the GTC.
4. COVERAGE
MÁSMÓVIL will provide the service exclusively in the coverage areas of the national territory in which it is established. MÁSMÓVIL undertakes to provide the service within the limits of coverage and the state of technology. In any case, MÁSMÓVIL will not be responsible for interruptions or malfunctions of the service caused by orographic and/or atmospheric conditions that prevent or make it impossible to provide it.
5. IDENTIFICATION OBLIGATIONS IN CASE OF CONTRACTING IN THE MONTHLY SUBSCRIPTION MODE
To contract the service in this modality, it is a necessary condition that you follow an identification and contracting process. The personal data provided during the identification process will be treated in the terms provided in the CGC. In order to identify you in the terms required by current legislation, it is necessary that you provide us with the personal data requested in the contracting form via the web and a photograph of your ID or passport. The use of telematic means as a contracting channel makes it essential to apply measures that allow the effective verification of the identity of the contracting party and compliance with current regulations. The absence of any of the required data, its incorrectness or the failure to verify the data will lead to an error that will make it impossible to register and contract the services. If you do not agree with this identity verification procedure, you can contract through other contracting channels, which you can consult at: www.masmovil.es.
6. CONSEQUENCES OF THE SUSPENSION OF THE SERVICE
During the period of 30 days from the date of suspension of the service, you will be able to receive calls (except when you are outside the national territory or in the case of collect calls), SMS and MMS (“soft block”). Once the aforementioned period of 30 days has elapsed without the cause of the suspension having ceased, the reception of calls, SMS and MMS will also be blocked (“hard block”). Once 90 days have elapsed from the date of suspension without the cause having ceased, MÁSMÓVIL will block the SIM card permanently, leaving the contract with MÁSMÓVIL definitively terminated in relation to this service. MÁSMÓVIL may unilaterally terminate the contract in relation to this service when it considers that the mobile telephone service covered by it is inactive. The service will be considered inactive when 4 consecutive months have elapsed without any consumption of billable services. MÁSMÓVIL reserves the right to claim from the client the amount of the eventual negative balance, plus interest and expenses derived from the claim. Until the permanent block, it is possible to pay pending invoices, recharge balance and make emergency calls to number 112, as well as make calls to customer service at number 2373.
PARTICULAR CONDITIONS OF PERMANENCE
In the case of subsidized purchase or transfer/rental or under advantageous conditions for the customer of the equipment or terminals, whether or not such purchase or transfer is linked to a specific price plan and/or the application of certain discounts, as well as in the event application of certain discounts on the price of services, the client agrees to remain registered in this contract, during the term and under the conditions detailed on the cover of the same, from the date of signature. In the event that the client cancels the contract early for any reason, does not pay MÁSMÓVIL amounts owed and this leads to the definitive interruption of the service, breaches the contract, makes illegal use of the service or changes the price plan contracted for another with a consumption commitment or with a lower fee, you must pay MÁSMÓVIL the corresponding amount based on both the commitment acquired, as well as the time remaining to fulfill the same, and up to the maximum that is detailed on the cover page (indirect taxes not included), all of this as compensation for the fact of not responding as agreed and in attention to the benefits previously received. In the event that MÁSMÓVIL is unable to provide the service for technical reasons beyond the control of the client, the client must proceed to return the equipment and terminals delivered by MÁSMÓVIL within a period of fifteen days from the communication by MÁSMÓVIL to the client of the impossibility service provision. The return of the equipment and terminals will be carried out by the client in the same way as the initial delivery of the same. In the event that the client does not proceed to return the equipment and terminals within the indicated period, they must pay MÁSMÓVIL the amount detailed on the cover page. If during the period of permanence indicated, the client requests a change of address to a geographical area where MÁSMÓVIL cannot provide the service due to technical reasons, the client must pay MÁSMÓVIL the corresponding amount based on both the commitment acquired, as well as the time remaining to fulfill the same, and up to the maximum that is detailed on the cover page (indirect taxes not included), all of this as compensation for the fact of not responding as agreed and in attention to the benefits previously received.
RIGHT OF WITHDRAWAL. ONLY APPLICABLE IN CASE OF DISTANCE CONTRACTING OR OUT OF ESTABLISHMENT
The client is recognized the right to withdraw from this contract within a period of 14 calendar days from its conclusion. In the event of registering with MÁSMÓVIL with portability from another origin operator, we inform you that the exercise of the right of withdrawal will not entail automatic return to the origin operator, and it is necessary for the client to manage a new portability with their origin operator for this purpose. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or by email) adding the “Order number”. To do this, you can use the withdrawal form model, although its use is not mandatory. You can send the communication exercising your right of withdrawal by email to info@blu.es or to the following postal address: SPOTTING BRANDS TECHNOLOGIES, S.L. with registered office at Avenida de Bruxelles, 38 – Alcobendas, Madrid, CP 28108. The exercise of the right of withdrawal will entail the obligation to return the equipment or terminals delivered by SBT for the provision of the service in its original packaging, in perfect condition, including all its accessories and prepared. Only the return of those products that do not show signs of being damaged will be accepted. The customer will be responsible for the decrease in value of the products subject to return that are the result of handling other than that necessary to establish the nature, characteristics and operation of the products subject to return. For greater security, the client may insert the withdrawal document in the package duly completed and signed. As a consequence of exercising the right of withdrawal, the customer must return or deliver the products (terminals or devices) directly to the address indicated in this section, without undue delay and, in any case, no later than within 14 days. from the date on which you notify SBT of your decision to withdraw from the contract. Likewise, you must assume the direct cost of returning the products provided by SBT. Notwithstanding the foregoing, we inform you that we may withhold the refund until we have received the returned products correctly or until we receive unequivocal proof of their return, depending on which condition is met first. In case of withdrawal, SBT will return to the client all payments received no later than 14 calendar days from the date on which the client informs SBT of his withdrawal. In the event of withdrawal, SBT having installed and/or activated the service at the express request of the client during the period in which this right can be exercised and prior to the latter having exercised it, SBT will have the right to charge the cost of the installation carried out and consumption carried out up to now and in proportion to the installments foreseen in the general and particular conditions of each rate in which the client has incurred. If the client withdraws from the contract and the price to be paid has been totally or partially financed by means of a credit (either by SBT or by a third party prior agreement with SBT), said withdrawal will imply, at the same time, the resolution of the credit without penalty. If the client were to enjoy a commercially discontinued service provision with SBT and contract a new service under this contract, upon withdrawing from it, it would not be possible to restore the provision of the original service, however, which MÁSMÓVIL will position the customer as so that it is not harmed.
ADDITIONAL CONDITION FOR THE ROAMING SERVICE
For the use of the service in another country of the European Economic Area (EEA) SBT will apply the same rates that it applies to its national use as long as the client habitually resides in Spain or has stable links with this country. In accordance with the provisions of European regulations and in the event that the particular conditions of the contracted rate so provide, SBT may establish a limit on the volume of contracted data from which it may apply a surcharge as established then. The customer agrees to make reasonable use of the roaming service in another EEA country. In order to avoid abusive or anomalous use of the same, SBT may observe, for a period of at least 4 months, the objective indicators of consumption and presence. The aforementioned indicators may be: exceed 50% of the contracted volume in data or presence in another EEA country for more than half of the observation period measured in days, as well as long periods of inactivity and activation, and sequential use of multiple cards SIM. If the client exceeds the limit established in the volume of data to be able to be consumed in another country of the EEA or commits an abusive or abnormal use of the service, SBT may apply to the client, prior notice, a surcharge that may not exceed the wholesale price in vigor. Before its imposition, the client will have a period of 14 days to provide, where appropriate, the real data on their presence or consumption. The client may contact MÁSMÓVIL, in accordance with the provisions of clause 6, to file any claim related to the application of the provisions herein. You can find more detailed information about the conditions of use of the roaming service at: https://cdnres.masmovil.es/assets/files/condiciones-particulares-roaming.pdf.
INFORMATION ON THE SPEED OF THE INTERNET ACCESS SERVICE
In relation to the internet access service, the client will have available, at all times, on our website, precise information about the minimum speed, normally available, maximum and announced, descending and ascending in the case of fixed networks, and estimated downstream and upstream maximum and advertised speed for mobile networks.
PART-TIME INTERNET
Offer subject to availability. Fibre includes a connection of up to 300Mb. Air Fibre includes up to 10Mb connection. Packages include free installation, router and require 12 months permanence. The fixed line is not included. Customers with active service will pay the monthly fee for the contracted service, and can suspend their service at the end of the month for a fee of 2,72€ including IVA. In the case of reactivating the service within the current month, the customer will pay a proportional part of the tariff. If the service is reactivated at the beginning of the month, the customer will pay the full monthly fee for the contracted service. Consult for more information.