General and Special Conditions

These Special Conditions are an integral and indispensable part of the MIFIBRA TELECOMUNICACIONES service contract.

In case of discrepancy between these Special Conditions and the General Conditions, the order of prevalence is as follows:

• The Contracting Form.
• The Special Conditions.
• The SPECIFIC CONDITIONS FOR FIXED TELEPHONE AND BROADBAND INTERNET ACCESS SERVICES and the SPECIFIC CONDITIONS FOR MOBILE TELEPHONE SERVICE.
• General Conditions.

1. Service

The "Service" or the "Services" (which are the mobile telephone service available to the public, fixed telephone service available to the public and fixed broadband Internet access service), are marketed by THE TELECOM BOUTIQUE, S.L. (hereinafter, "TTB", which may act directly or through any of its distributors with different brands authorized by TTB, in accordance with the provisions of the contracting form of this contract), with address at C/ Manzano nº 3 de Pozuelo de Alarcón, Madrid, with CIF nº B-87522652, as described in the following clause. The Electronic Communications Services shall be provided by the telecommunications Operator XFERA MÓVILES, S.A.U. (hereinafter XFERA or the OPERATOR), with registered office at Avenida de Bruselas, 38, 28108 Alcobendas, Madrid, Spain, and CIF A82528548. The Services contain features and ancillary aspects to the publicly available mobile telephone service, publicly available fixed telephone service and fixed broadband internet access service that may be provided through TTB. In this regard TTB, through its distributor, will assume the billing and collection functions for the Customer, Customer Service and others described in the Agreement, as defined in the following paragraph. In addition to the aforementioned Services, TTB may provide other types of complementary services, in which XFERA does not intervene, and which will be regulated by their specific legal conditions. The services provided as a whole are referred to as "the TTB Service" or the "TTB Services".

2. Data protection

TTB will treat the Client's data at all times in an absolutely confidential manner and keeping the mandatory duty of secrecy with respect to them, in accordance with the provisions of the applicable regulations, adopting for this purpose the necessary technical and organizational measures to ensure the security of your data and avoid its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.

By accepting these terms and conditions, the Client is informed and gives his/her free, informed, specific and unequivocal consent for the personal data provided through the sales channels provided for this purpose and related to the contracted service, to be processed by TTB under the terms indicated in this clause.

The data requested during the contracting process are generally mandatory to fulfill the established purposes (unless otherwise specified in the required field). Therefore, if they are not provided or are not provided correctly, they cannot be fulfilled.

2.1 Who is the data controller?

Given that the telecommunications service provided by the OPERATOR is marketed by TTB, directly or through any of its distributors, and to the extent that there are certain accessory services that can be contracted directly with TTB, the data controller is THE TELECOM BOUTIQUE, S.L. with respect to the purposes of the processing indicated in this clause and this, regardless of the existence of a series of necessary assignments to XFERA MÓVILES, S.A.U., as provider of the telecommunications services, as well as to the distributors authorized by TTB, to the extent that they provide certain services that will be indicated below, as provider of telecommunications services, as well as to the distributors authorized by TTB, to the extent that they provide certain services that will be indicated below.

You may contact our Data Protection Officer (hereinafter, "DPO") by e-mail at pedidos@mifibra.online.

2.2 Who is in charge of processing your data?

As we have explained in the contracting form, MIFIBRA TELECOMUNICACIONES is the Distributor of TTB, and will carry out the following treatments as TTB's manager.

2.2.1 What is the origin of the personal data processed by MIFIBRA TELECOMUNICACIONES?

MIFIBRA TELECOMUNICACIONES will process the personal data of the Customer, who has provided it to MIFIBRA TELECOMUNICACIONES as TTB's agent, for the purposes described below.

There is Customer data that will be obtained directly, through:

• The forms that the Client completes during the Recruitment process, which may be done on the Platform or via any other channel provided for this purpose.
• The documents that the Customer sends and/or fills in when making the application for the Contract.
• The various communication channels enabled by MIFIBRA TELECOMUNICACIONES (see, through e-mail, SMS, telephone, chat, or any other channel that may be enabled in the future).

2.3 For what purpose does MIFIBRA TELECOMUNICACIONES process your data and under what legitimacy?

The personal data provided or obtained by MIFIBRA TELECOMUNICACIONES, will be treated in accordance with the following purposes and according to the legitimate bases indicated:

• To manage and process the request for contracting telecommunications services (if applicable, mobile telephone service available to the public, fixed telephone service available to the public and fixed broadband Internet access service) marketed by TTB through MIFIBRA TELECOMUNICACIONES, and provided by the OPERATOR.The processing of the Client's data to manage, process and follow up on the contracting made by the Client is the execution of the contract with TTB, directly or through one of its authorized distributors. The provision of the data for this purpose is mandatory and would otherwise prevent its fulfillment.
• To manage and process the request for ancillary services contracted directly with TTB, as well as to manage the billing and collection of such ancillary services.the processing of the Client's data to manage, process and follow up on the contracting made by the Client is the execution of the ancillary services contracted directly with TTB. The provision of the data for this purpose is mandatory and would prevent its fulfillment otherwise.
• Manage, process and respond to requests, requests for information, incidents, complaints, claims or inquiries related to the provision of any of the Services contracted by the Client, the legitimate basis is the consent that the User may withdraw at any time. In the event that the User withdraws consent, the requests, requests for information, incidents, complaints, claims or queries made by the Customer cannot be processed.
• To manage the sending of personalized commercial communications about products and/or services marketed by TTB by electronic and/or conventional means, related to the products and/or services contracted by the Client, unless the Client indicates otherwise by checking the corresponding box.The sending of personalized commercial communications to Clients by TTB, about products and/or services similar to those that were the object of the contract is based on the legitimate interest of the company, under the provisions of the RGPD and the LSSI.
• To manage the sending of personalized commercial communications about TTB products and/or services by electronic and/or conventional means, related to the products and/or services contracted by the Client, unless the Client indicates otherwise by checking the corresponding box.The sending of personalized commercial communications to Clients by TTB, about products and/or services similar to those that were the object of the contract is based on the legitimate interest of the company, under the provisions of the RGPD and the LSSI.
• Manage the sending of commercial communications from third parties, including entities of the Group to which TTB belongs (you can check which entities belong to the Group at the URL www.telecomboutique.com), if the Client authorizes it by checking the box provided for that purpose, the legitimate basis will be the consent given by the User. Such consent may be withdrawn at any time, without affecting the lawfulness of the previous processing.
• To elaborate a commercial profile, using own and third party sources to offer the Client products and/or services in accordance with the Client's interests, if the Client gives his/her consent by ticking the corresponding box, the legitimate basis being the consent given by the User. Such consent may be withdrawn at any time, not affecting the lawfulness of the previous treatment.

The consents obtained for the aforementioned purposes are independent and the Client may revoke one or more of them without affecting the others.

2.4 What types of data does MIFIBRA TELECOMUNICACIONES process?

For the purposes set out in the previous section, the Customer's data is processed, which can be divided into the following sources and categories:

• Identification data: name, surname and ID card or equivalent document.
• Contact information: mailing address, e-mail address and telephone number.
• Personal characteristics data: date of birth and nationality.
• Job details: place of work.
• Economic and financial data: bank details to debit the indicated bank account.
• Data on products and/or services contracted: products and/or services previously requested by the Customer.
• Browsing data: IP, and Customer's device data (such as, for example, device type, browser type).
• Signature.
• Any others that are communicated and/or provided by the Client, through any of the channels provided for this purpose.

On the other hand, the following data will be collected on behalf of XFERA, as provider of the Services marketed by TTB. If, in the future, the Services are provided directly by TTB, TTB will process the data on its own behalf:

• Identification data: name, surname and ID card or equivalent document.
• Contact information.
• Traffic data.
• Location data.
• Data detailed in art. 3 of Law 25/2007 on data conservation, or any other law that may replace it in the future.

In the event that the Client provides third party data, he/she declares to have the consent of such third parties and undertakes to transfer the information contained in this clause to them, exempting MIFIBRA TELECOMUNICACIONES and TTB from any liability in this regard. Notwithstanding, MIFIBRA TELECOMUNICACIONES or TTB may carry out periodic verifications to verify this fact, adopting the corresponding due diligence measures, in accordance with the data protection regulations.

2.5 To whom do we disclose your data?

There are certain data provided to TTB as marketer that will be processed by MIFIBRA TELECOMUNICACIONES and XFERA, as provider of the Services. By virtue of the above, the following table details such communications, as well as the other communications foreseen, the data communicated and the legitimate basis for such communications:

2.6 How long will we keep your data?

Customer data related to the performance of the contractual relationship will be retained for this purpose for as long as the contract is in force and, even thereafter, for as long as required by applicable law and until the expiration of any liabilities arising from the contract.

On the other hand, the data provided on the occasion of any request, request for information, incident, complaint, claim or inquiry will be retained until the User revokes his consent, and in any case after the request has been fulfilled, until the eventual responsibilities derived from the request expire.

With regard to the sending of commercial communications for products and/or services similar to those previously contracted directly with TTB, or in relation to those marketed by TTB, the Client's data will be processed until the Client objects to the processing. In this sense, the profiling will in no case refer to a period longer than 1 year.

On the other hand, the sending of commercial communications of products and/or services of third parties, including those related to entities of the Group, will be treated until you revoke your consent.

On the other hand, the data provided for the purpose of creating a commercial profile will be processed until you revoke your consent.

2.7 Customer's responsibility

When contracting the Services, the Client:

• Guarantees that he/she is over 18 years of age and that the data provided to MIFIBRA TELECOMUNICACIONES is true, accurate, complete and updated. To this effect, the Client is responsible for the truthfulness of all the data he/she communicates and will keep the information provided conveniently updated, so that it corresponds to his/her real situation.
• He/she guarantees that he/she has informed the third parties from whom he/she provides his/her data, in case he/she does so, of the aspects contained in this document. Likewise, he/she guarantees that he/she has obtained their authorization to provide their data to MIFIBRA TELECOMUNICACIONES for the aforementioned purposes.
• You will be liable for any false or inaccurate information you provide to MIFIBRA TELECOMUNICACIONES and for any damages, direct or indirect, that this may cause to MIFIBRA TELECOMUNICACIONES or third parties.

2.8 Are there any international transfers of your data?

The Client is informed that the provision of services is not associated with international data transfers.

2.9 Commercial and promotional communications

One of the purposes for which MIFIBRA TELECOMUNICACIONES processes the personal data provided by the Customers is to send them electronic communications with information related to products, services, promotions, offers, events or news relevant to the Customers. Whenever any such communication is sent, it will be addressed solely and exclusively to those Customers who have not previously expressed their refusal to receive such communications or who have not revoked their consent, as the case may be.

In case the Customer wishes to stop receiving commercial or promotional communications from MIFIBRA TELECOMUNICACIONES, he/she can request cancellation of the service by sending an e-mail to the following address: pedidos@mifibra.online.

2.10 What are your rights?

The Customer may send a letter to pedidos@mifibra.online, with the Reference "Data Protection", enclosing a photocopy of his identity document, at any time and free of charge, to:

• To revoke the consents granted.
• Obtain confirmation as to whether or not MIFIBRA TELECOMUNICACIONES or TTB is processing personal data concerning the Customer.
• Access to your personal data.
• Rectify inaccurate or incomplete data.
• Request the deletion of your data when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
• Obtain from TTB the limitation of data processing when any of the conditions provided for in the data protection regulations are met.
• Request the portability of your data.
• Claim before the Spanish Data Protection Agency, through the following address www.aepd.es, when the Client considers that MIFIBRA TELECOMUNICACIONES or TTB has violated the rights recognized by the applicable data protection regulations.

Notwithstanding the foregoing, the interested party may contact the DPO of MIFIBRA TELECOMUNICACIONES, through the e-mail pedidos@mifibra.online.

3. Customer service and complaints

Customer Service is available to the Customer from 9:00 to 18:30 from Monday to Saturday to send requests for information, complaints, claims or any incident related to the provision of the Services.

The Customer may communicate with Customer Service through the following means:

• By phone: from your Operator's mobile number by calling toll-free 222
• In writing to the address that appears in the contracting form and, failing that, to the following address: MIFIBRA TELECOMUNICACIONES Operador Integral, S.L., Customer Service, Avenida de Europa, 26 Ática 1, 28224 Pozuelo de Alarcón, Madrid.
• By sending an e-mail to the following e-mail address: pedidos@mifibra.online.

Complaint forms are available to the consumer at the registered office of MIFIBRA TELECOMUNICACIONES and TTB at the address indicated in this clause.

To clarify any doubts regarding price, billing, quality or any other issue related to the Services or if the Customer wants to make a complaint, the Customer should contact Customer Service.

In case of a claim, a reference number shall be assigned to it, which MIFIBRA TELECOMUNICACIONES shall communicate to the Customer. If the claim is made by telephone, the Client may request a document that accredits the presentation and content of the claim. Said document shall be sent within ten (10) days from its request. When the claim has been solved, MIFIBRA TELECOMUNICACIONES shall inform the Customer of the solution adopted through the same means used to file the claim.

4. Invoicing and payments

The Client accepts that MIFIBRA TELECOMUNICACIONES, by delegation of the Operator, shall carry out the billing and collection procedures for the Services. Thus, MIFIBRA TELECOMUNICACIONES shall send monthly invoices corresponding to the Services rendered by the Operator, and shall proceed to collect them through the collection means designated at the time of contracting the Services.

Likewise, MIFIBRA TELECOMUNICACIONES may invoice the Customer for other MIFIBRA TELECOMUNICACIONES Services together with the Services.

5. Assignment

The Operator reserves the right to transfer the rights and/or obligations arising from these GTC to TTB without requiring the express consent of the Client, giving the Client at least one (1) month's notice. The Client who does not wish to accept such a transfer may terminate the Agreement early and without penalty.

In the event of assignment of the present Contract to TTB, once the period of one (1) month has expired, the contractual assignment will be effective and will inevitably be associated with the portability of the OPERATOR to TTB, with the customer keeping his telephone number and his rights, guaranteed in this case by TTB, and having to respect the same obligations contained in this contract.

The Client therefore hereby authorizes the Operator to transfer its data to TTB, when technically necessary, for the purpose of carrying out the contractual transfer and the portability of the Operator's services to those of TTB. Furthermore, the Client is hereby informed that the data provided will be processed by TTB, in accordance with the provisions of Particular Condition 2 "Data Protection". The Client's personal data will be processed by the receiving operator, in its capacity as data controller, in accordance with the following purposes:

• To carry out the registration of the line, as well as the maintenance and management of the contractual relationship. The data will be kept for this purpose for as long as the contract is in force and, even thereafter, for as long as required by applicable law and until the expiration of any liabilities arising from the contract.
• Send commercial communications, including by electronic means, about products and services of the receiving operator, unless the interested party expresses its will to the contrary by checking the corresponding box on the contracting form that accompanies these Conditions.

If, in accordance with the above, you do not object, the data will be kept for this purpose until you object.

Specific modifications to certain sections of the general terms and conditions of business

• CCGG 1 OBJECT: The particular and general Conditions will be published in the web indicated in the contracting form, which will be different from the one of www.mamsmovil.es.
• CCGG 3 BILLING AND PAYMENT RATES: The rates will be those published in the web that appears in the contracting form.
• CCGG 6 CUSTOMER SERVICE AND NOTIFICATIONS, ALL RELATED TO ANY REGISTRATION OR CANCELLATION OF THE SERVICE OR THE CONTRACTING OF NEW PRODUCTS:
  • Hours, from 9.30 am to 6.30 pm.
  • Customer service phone: 222
  • Web page in the contracting form
  • Customer service e-mail: pedidos@mifibra.online
  • Address: The one indicated in the contracting form or, failing that, The Telecom Boutique SL, Customer Service, Avenida de Europa, 26 Ática 1, 28224 Pozuelo de Alarcón, Madrid.
• GCC 11 CHANGES OF ADDRESS: If the change of address is technically possible, the Client will NOT pay any current rate for change of address, but will see his/her permanence extended again to the one he/she had at the time of contracting the service.
• CCEE FIXED TELEPHONY AND BROADBAND: 3 TARIFFS, BILLING AND PAYMENTS. It will be the marketer, not the Operator, who will request the guarantees from the customer.
• CCEE FIXED TELEPHONY AND BROADBAND: 11 MAINTENANCE: In the event that the Customer detects a breakdown in the Equipment or a malfunction of the Service, he/she should contact the Technical Support Service indicated in the contract form.
• CCEE MOBILE TELEPHONE SERVICE: 5 IDENTIFICATION OBLIGATIONS: If you do not agree with the identity verification procedure specified in the aforementioned Specific Condition 5, you may contract through other contracting channels, which can be consulted on the website indicated in the contracting form.
• RIGHT OF WITHDRAWAL FOR REMOTE CONTRACTING: The right of withdrawal must be made to the Reseller, not to the Operator, following the instructions included in the web page indicated in the contracting form and/or by e-mail to pedidos@mifibra.online or to the following postal address: MIFIBRA TELECOMUNICACIONES Operador Integral, S.L., Avenida de las Dos Castillas nº 33, Complejo Ática-Edificio I de (28224) Pozuelo de Alarcón, Madrid. References made to the Operator in the right of withdrawal clause shall be understood to be made to the Reseller.
• ADDITIONAL CONDITION FOR THE ROAMING SERVICE: You can find more detailed information about the conditions of use of the Roaming Service on the website indicated in the contract form.
• INTERNET ACCESS SPEED: The web site where this speed will be reported is the one indicated in the contracting form.

General terms and conditions

1. Purpose

XFERA MÓVILES, S.A.U. (the "OPERATOR") with registered office at Avenida de Bruselas, 38, 28108 Alcobendas (Madrid), Spain, and CIF A-82528548, is a telecommunications Operator that offers the Services described in the following clause (the "Service" or the "Services").

These General Terms and Conditions ("GTC") shall govern the relationship between the Client of the Service (the "Client") and the OPERATOR in relation to the contracted Services. The reading of the GTC by the Customer 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 GTC, which are also published on the OPERATOR's Web Site www.MasMovil.es (our "Web Site").

2. Description of services

Fixed Telephone Service: The Fixed Telephone Service, with voice over IP technology, allows the Customer to receive and make calls on its line, as well as other basic facilities and additional associated Services.

Mobile Telephone Service: This Service includes the provision of the Mobile Telephone Service and the associated electronic communications Services (including the Mobile Internet Access Service) and associated value added Services requested by the Customer. In order to provide this Service, the OPERATOR shall provide the Customer with a SIM Card that may be used in any free mobile device. The Service will be provided within the national territory. Outside the country, the Customer may 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 involve the charging of special rates on your communications received and made abroad according to the regulations in force at any given time.

Broadband Internet Access Service: This Service includes, regardless of the technology used:

• Broadband Internet access with 24-hour browsing at the contracted access speed. Due to the technical characteristics of the Service, such speed is maximum, i.e., the OPERATOR cannot guarantee at all times the access speed that the Customer has contracted; and (ii) the associated additional Services.
• For Fixed and Mobile Telephone Services, if the Customer does not have a number, the OPERATOR will assign one. The OPERATOR's Fixed and Mobile Telephone Services include, if applicable, the portability of the telephone number that the Customer had with his previous operator. In order to do so, the Customer must request it by completing the Portability RequestThe portability of the Fixed or Mobile Telephony Services can be processed in the 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 Numbering Maintenance in case of change of operator, approved by the National Commission of Markets and Competition. The Services are offered to you exclusively as an end Customer and for use based on good faith. In particular, by way of example but not limitation, the following are not permitted
  • The use contrary to Spanish laws, or that infringes the rights of third parties or the proper use of the Services that are only for personal and particular use of the Customer, being responsible for controlling access to them.
  • The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
  • The collection and/or use of personal data of other users without their express consent, or in contravention of the provisions of Law 15/1999, of Protection of Personal Data.
  • The resale of traffic or Services or the commercialization or economic exploitation thereof by any means or system.
  • Communication with numbers dedicated to call routing, i.e. offering, as a commercial service, call routing to a number other than the called number.
  • The objectively irregular or fraudulent use of the Services, such as: "babywatching"; "walkietalkie"; calling only, or mostly, to premium rate or value added Services; using the Services to send unsolicited commercial communications; sending large messages to block other people's servers; making unsolicited communications when these can be classified as irregular traffic. In particular, the Customer shall not use the Services to send unsolicited or bulk mail ("spam") or make any use of mailing lists to anyone who has not given permission to be included in such process.

In these cases, the OPERATOR may terminate the Agreement or block the affected Services temporarily until the circumstances of the irregular use of the Service are clarified or the tariff is changed, prior communication to the Customer. In the latter case, the Customer may terminate the Agreement with respect to the specific Service under the terms agreed therein.

Fees, billing and payments

The corresponding prices and charges will be applied to the Services according to the tariffs and other General and/or Particular Conditions, offers or promotions in force at any given time. Any modification of the tariffs will be communicated to the Client by any means that the OPERATOR considers appropriate for the Client to be aware of such modification and the new tariffs. The Customer will have such rates available at all times on our Web Page. Access to the Emergency Services is free of charge.

The invoice will be monthly and will break down the basic Service, as well as the rest of the contracted Services by concepts invoiced within each Service, including those corresponding to the sale or transfer/rental of equipment. If for technical reasons it is not possible to invoice the Customer in the month immediately following the accrual, the OPERATOR may invoice the Customer in the following months.

Subscription fees will be billed monthly in arrears. Metered Services will be billed for monthly periods according to the consumption of the previous month. The foregoing is without prejudice to what is indicated in the Specific Contract Conditions of each Service of these General Contracting Conditions.

For Fixed Telephone and Fixed Broadband Internet Services, the monthly subscription fees include network maintenance up to the PTR (Network Termination Point, in the case of ADSL) or PTRO (Optical Network Termination Point, in the case of Fiber).

The first invoice shall include the registration, activation and, if applicable, installation and/or maintenance fees. If applicable, it will also contain the price of the equipment purchased and the configuration of the Services, unless the payment of such price is deferred or deferred, in which case it will include the proportional part corresponding to the first month depending on the number of months of deferred payment. It shall also include the recurring fees applicable from the time of activation of the Service within the invoiced period.

The Customer has the right to choose a means of payment among those commonly used in commercial transactions. To use a means of payment other than direct debit (which is the default means of payment, unless otherwise stated in the Special Conditions), the Customer Service Department may be contacted.

Claims by the Customer for billing reasons do not justify the delay in payment of the invoices claimed. Invoices not paid on their due date will accrue interest for late payment equal to the legal interest rate, the costs incurred for the return of the receipt and other administrative costs that may amount to a maximum of 20 Euros (VAT included), without prejudice to any other consequences that may arise from non-compliance, among others, the inclusion of your data in credit and equity solvency files.

The OPERATOR may use for the collection of the amounts owed, if the Customer so authorizes, the data related to the credit or debit cards that had been provided by the Customer. Likewise, the OPERATOR may execute the deposits, bonds and/or other guarantees established in the Particular Conditions for the cases allowed by law. The Customer expressly consents with the acceptance of the GTC that the OPERATOR may issue the invoices corresponding to the Service in electronic format (Electronic Invoice), having access to them through his personal online area, accessible with the access codes that the OPERATOR will provide at the moment of the purchase, or by e-mail if requested.

The Customer may revoke this consent at any time, having the right to request the issuance of invoices free of charge on paper. In order to revoke this consent, the Customer must notify Customer Service in writing.

At the end of the contractual relationship, regardless of the contracting modality, if there is a balance in favor of the Client, the Client may request its refund. The OPERATOR may deduct the administrative and management expenses that may accrue according to the rates in force at any time. This right of compensation shall also correspond to the Client when the balance is in favor of the OPERATOR.

The OPERATOR may, in order to ensure compliance with the Client's obligations:

• Request from the Client an advance payment, or make an additional charge to the Client's account immediately, for the amounts accrued to date.
• Ask the Client for a non-interest-bearing cash deposit.
• Request a bank guarantee, for an amount not exceeding the estimated average of three months of consumption per Service.
• Restrict the Customer to Premium Rate Services, Additional Tariffs and International Services.

This type of action may be carried out, among others, in the following cases:

• The credit limits established in its case are exceeded.
• Suspension or interruption of the Service for any of the reasons set forth in these GTC or contractual termination.
• Breach of these GTC by the Customer.
• 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 such Service of these GTC shall apply.

4. Right of disconnection

For Fixed and Mobile Telephone Services, the Customer may request the OPERATOR to disconnect from the Premium Rate Services and international calls. To do so, he/she must contact the Customer Service Department indicating his/her wish to disconnect from the Services in question. The OPERATOR will make the disconnection within a maximum period of ten (10) days from the reception of the request.

If the disconnection does not take place within the indicated term for reasons not attributable to the Customer, the costs derived from the Service whose disconnection has been requested shall be borne by the OPERATOR.

In the event that the Customer wishes to activate or subsequently deactivate this type of Service, he/she must also make an express request for activation or subsequent deactivation through the Customer Care Service available by calling 2373 or by sending an e-mail to pedidos@mifibra.online.

5. Operator responsibility and quality of service

In the event of a temporary interruption in the Fixed or Mobile Telephone Service, the Customer shall be entitled to compensation equal to the greater of the following two amounts:

• The average of the amount billed for the Services interrupted during the three (3) months prior to the interruption, prorated for the actual time that the temporary interruption of the Service affects the Customer. In the case of a period of less than three months, the amount of the average bill will be considered in the full monthly payments made or that which would have been obtained in a monthly payment estimated proportionally to the period of actual consumption made.
• Five times the monthly subscription fee or equivalent in effect at the time of the interruption, prorated for the duration of the interruption.

Services or calls in roaming (Roaming Service) provided abroad by operators other than the OPERATOR are excluded from the scope of responsibility in the Mobile Telephony Service.

The OPERATOR will automatically pay this amount by deducting it from the next invoice, when the amount of the indemnity is higher than one (1) Euro. If no invoice is issued due to termination of the Service, the compensation shall be paid by the means agreed with the Customer in each case. For subscribers subject to prepaid modalities, the adjustment in the balance will be made within a term no longer than that of the rest of the subscribers.

If the temporary interruption is due to force majeure, the OPERATOR will automatically compensate the Customer by refunding the amount of the subscription fee and others independent of the traffic, prorated for the time the interruption lasted.

If there is a temporary interruption of the Broadband Internet access Service during a billing period, the Customer shall be entitled to be compensated with the refund of the amount of the subscription fee and other fixed fees, prorated for the time the interruption lasted when the interruption of the Service has been, continuously or discontinuously, more than six hours from 8:00 am to 10:00 pm. 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, the OPERATOR will automatically compensate the Customer if the interruption affects the area where the Customer's address is located, or in case of Mobile Telephony Service, knows that the Customer was in an area affected by the interruption at the time of the interruption and could not be located in another area during the period of the interruption. If the Customer has been affected by an interruption and has not been counted as affected in the above terms, he/she must inform the OPERATOR, through the Customer Service Department, within ten (10) days from the reestablishment of the Service, that he/she has been affected by the interruption of the Service, indicating, in case of affecting the Mobile Telephony Service, his/her geographical location at the time of the interruption. Such information shall not be contradictory with the information contained in the systems of the OPERATOR.

Additionally, except for interruptions due to force majeure, the OPERATOR undertakes to offer the following level of quality in the Service: Regarding the interruption time of a Service, a maximum interruption commitment of no more than 48 hours during each billing period. If this commitment is breached, the OPERATOR shall indemnify the Customer for an amount equal to a monthly fee prorated for the time the interruption lasted in the billing period.

When, due to promotions, the Customer enjoys a discount on the entire monthly fee for the Services, the non-promoted monthly fee for such Services shall be taken into account for indemnification purposes.

Such indemnities shall be cumulative with those provided for in the preceding paragraphs.

For these purposes, the Service interruption time is defined as the sum of the time elapsed from the moment when the Service is unavailable, once it has been activated, until the moment when it has been restored to its normal operation. The instant of start of the account will be the first of the following two events: (i) the notification by the Customer of the failure notice, or (ii) the registration by the OPERATOR of the incident causing the total or partial interruption of the Service.

For indemnification purposes in all the above commitments, the monthly fee for the Broadband Internet Access Service shall be deemed to be 50% of the total monthly fee in those cases of contracting joint packages of Services in which the price of the total fee of the package does not break down the amount attributable to each Service (Telephone Service and Broadband Internet Access Service).

The provisions of the preceding paragraphs shall not apply when the temporary interruption is due to any of the following causes:

• Serious breach by Customers of the contractual conditions, in particular in case of fraud or late payment, which will result in the application of temporary suspension and interruption of the Service.
• Damage to the network due, for example, to the connection by the Customer of Terminals whose conformity has not been assessed in accordance with the regulations in force.
• Non-compliance with the Code of Conduct by a Customer who provides Additional Tariff Services, when the ownership of the Subscription Contract corresponds to the latter.

The Customer who owns the Service is liable for all the traffic, Services used and misuse made of it. Notwithstanding the foregoing, the OPERATOR, after identifying the holder of the line and its circumstances, may also take the measures within its reach to avoid damages from the date on which, through the Customer Service Department, the loss, theft or robbery of its access codes to the Service or the existence of a fraud or, in the case of the Mobile Telephone Service, the loss, theft or robbery of the SIM Card, is reported.

The OPERATOR shall not be liable for any damages and/or losses and/or benefits lost by the Customer or any other third party caused directly or indirectly by the failure to provide the Service or its defective provision due to the following causes: (i) malfunction, defects, failures and/or damages in Customer's Terminals or Devices not provided by the OPERATOR (ii) total or partial loss, alteration and/or damages on information contained in Customer's Terminals or Devices due to causes not attributable to the Service and (iii) any other not due to lack of conformity of the Service or total or partial non-performance or defective performance by the OPERATOR.

The OPERATOR is not responsible for any consequence derived from an incorrect configuration of the Customer's Devices that has not been carried out by the OPERATOR or of the applications installed by the Customer, which are independent and unrelated in any case to the Service provided by MASMOVIL.

The OPERATOR shall adopt the measures and install the technical means required by the regulations in force at any time, which allow guaranteeing the secrecy of the content of the signal through the OPERATOR's network, being exonerated from any liability that may arise from the obtaining by the Customer or third parties of recordings of telephone conversations, their use or publicity and, in general, of any actions or omissions, not attributable to the OPERATOR, that breach the secrecy of telephone communications. The obligations that the OPERATOR may have according to the legislation applicable at any time to the interceptions carried out by the agents empowered in compliance with such regulations shall remain unaffected.

The OPERATOR informs that it provides the Telephone Service available to the public, Fixed and Mobile, with the facility of identification of 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, the OPERATOR provides means to restrict the identification of the calling line and the connected line. The Customer will be able to obtain this information from the Customer Service Department.

6. CUSTOMER SERVICE AND NOTIFICATIONS

The OPERATOR will offer a Customer Service that will include telephone assistance, from 8 to 22 hours a day, 365 days a year, on the use of the Services (technical assistance on your PC or device accessing the Services is in any case excluded).

To clarify any doubts regarding price, billing, quality or any other issue related to the Services or if the Customer wants to make a complaint, the Customer should contact Customer Service.

The Customer can make inquiries on our website www.MasMovil.es or by sending an e-mail to pedidos@mifibra.online.

You can also make your queries or complaints by calling 2373 (from a MASMOVIL landline or mobile) or 911 333 333 from any other telephone or by mail to the following address: Avenida de Bruselas, 38, 28108 Alcobendas (Madrid).

In the event of a complaint, a reference number shall be assigned to the complaint, which the OPERATOR shall communicate to the Customer. If the claim is made by telephone, the Customer may request a document certifying the submission and content of the claim. Such document shall be sent within ten (10) days from its request.

When the claim has been settled, the OPERATOR shall inform the Customer of the solution adopted through the same means used to file the claim.

Once the claim has been filed, if the Customer has not obtained a satisfactory response from the OPERATOR within one (1) month, he/she may resort to the Consumer Arbitration Boards in the case of submission of the OPERATOR to them, or to the Secretary of State for Telecommunications and the Information Society in accordance with the provisions of the regulations in force, without prejudice to his/her right to go to court.

7. PROTECTION OF PERSONAL DATA

The OPERATOR complies in the treatment of its Clients' personal data with the legislation in force in Spain and in the European Union. To this end, it adopts the necessary technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access and theft of the personal data provided, taking into account the state of technology, the nature of the data and the risks to which they are exposed.

In compliance with the provisions of the data protection regulations, you are hereby informed of the terms and conditions of the data processing carried out by the OPERATOR.

7.1 Who is responsible for the processing of your data?

The responsible party will be the company XFERA MÓVILES, S.A.U, with NIF: A-82528548 and registered address located at Avenida de Bruselas, 38, 28108, Alcobendas (Madrid), Spain.

This company offers telecommunications services through different brands such as OPERADOR, Yoigo, Llamaya and Happy Móvil.

On our Web Page you will be informed about our Data Protection Officer (DPD or DPO) and the means by which you can communicate with him/her.

7.2 For what purpose do we process your data and under what legitimacy?

The processing of your data follows the following purposes:

The OPERATOR will process your personal data, including your creditworthiness data, for statistical and historical studies.

• Purpose 1: Provision of the telecommunications serviceThis purpose includes different activities that are necessary and inherent to the provision of the telecommunications service, such as:
  • The management of portability processes both in those cases in which the OPERATOR intervenes as donor Operator and in those cases in which it intervenes as receiving Operator.
  • The conduct of communication over an electronic communications network, call establishment and routing (including interconnection).
  • The provision of the Internet access Service, in case it is included in the contracted Services.
  • The recording of traffic and interconnection data and their use for the purpose of billing or discounting within the balance available for prepaid cards, as well as extrajudicial and judicial claims in case of non-payment.
• This purpose includes the use of your personal data to send you communications related to the provision, improvement and update of Services, as well as advertising information about promotions applicable to your Service, new rates or other Services (including Value Added Services) that may be of interest to you.This advertising information will be sent by any channel (text messages, emails, phone calls, postal mail...) and may be generic or personalized, so, in the latter case, it will be based on the prior processing of your data with the aim of being able to proceed to its profiling and cartelization, determine tastes, preferences and needs and, based on this, identify the offers that may be more interesting.

At any time the Client will be allowed to oppose the sending of new commercial communications and may also make use of this right by mail to the address above, by email to pedidos@mifibra.online or through our Customer Service.

• Purpose 3: Development of commercial actions on products and services offered by other companies of the MASMOVIL Group, in case you give your consent, the OPERATOR may develop commercial actions with the purpose of sending you, through any channel, offers and promotions on other products and services of companies of the MASMOVIL Group, you may consult the list of these companies through our corporate Web Page.
• Purpose 4: Development of commercial actions on products and services offered by third party companies belonging to the sectors of leisure, culture, insurance, financial services or home assistance, in case you give your consent, the OPERATOR may develop commercial actions with the aim of sending you, through any channel, offers and promotions of third party companies in the sectors of leisure, culture, insurance, financial services and home assistance.
• Purpose 5: To analyze the Customer's traffic, billing, navigation and geolocation data in order to develop commercial actions In case of consent, the OPERATOR may analyze the Customer's traffic, billing, navigation and geolocation data in order to obtain more information about the Customer's tastes, consumption habits and needs (e.g. to know the scope and distribution of his data and minutes consumption) to develop commercial actions about the OPERATOR's products and Services, those of the Group companies and other third party companies belonging to the indicated sectors.
• Purpose 6: Transfer of your data to Group companies In case you give your consent, the OPERATOR will transfer your data to the rest of the Group companies for the purpose of:
  • To be able to share information and, through the study of aggregated information, to carry out statistical studies that allow commercial actions of greater value for both parties (e.g. to identify the propensity of a Customer to contract a higher or lower data tariff based on how others of a similar profile have acted previously).
  • That the rest of the Group's companies can contact the Client directly, through any communication channel, to develop commercial actions about their products or Services.
• Purpose 7: To enrich your profiling based on information provided to us by other third parties.In case you give your consent, the OPERATOR will obtain additional information about your person through external sources provided by geomarketing companies, RRSS, Cadastre, Land Registry, information about historical portabilities made by a certain number... all this with the purpose of elaborating profiles through marketing studies and statistical and segmentation techniques and procedures that allow us to introduce improvements and/or adapt or choose the information and offers of products or Services that best fit your profile.
• The OPERATOR informs you that, provided you give your consent, the OPERATOR may check your payment capacity in common files on creditworthiness and credit solvency whose managers provide such Service in accordance with current legislation, provided that the OPERATOR has a contractual relationship with the Customer that involves the payment of a pecuniary amount (e.g. any postpaid Contract) or with the purpose of evaluating the economic viability of a new contract that involves financing, deferred payment (e.g. any subsidy for a terminal or periodic billing).Likewise, as part of the evaluation process of the Customer's payment capacity, the OPERATOR may use automated scoring system procedures as part of the evaluation process of the Customer's payment capacity.
• Purpose 9: To keep the data after the end of the Contract.In case you give your consent, the OPERATOR will keep your data after the end of the Contract, for a maximum period of 5 years, with the purpose of:
  • Develop commercial actions with the objective of sending you, through any channel, offers and promotions on other products and services of the OPERATOR, of companies of the MASMOVIL Group and of third parties belonging to the indicated sectors.
  • To be able to carry out statistical studies that allow commercial actions of greater value for both parties (e.g. to develop models of propensity to abandonment).
• Purpose 10: Verify the accuracy of the data provided by the Client and fight against fraud.the OPERATOR has an interest in protecting the Client and the company itself from fraud in the contracting. In this sense, it will be able to verify the accuracy of the data provided by the Client through the CSV Codes or similar mechanisms or requesting to the issuing bank its confirmation.Likewise, in case of adhering to the Hunter System, it will incorporate the data of its Clients to a file property of the SPANISH ASSOCIATION OF COMPANIES AGAINST FRAUD. The data will be compared with other data of applications for telephony services that appear in the Hunter System for the prevention of fraud in applications, exclusively in order to detect the existence of potentially fraudulent information within the process of approval of the Service. In the event that inaccurate, irregular or incomplete data is detected, your application will be subject to a more detailed study, and such data will be included as such in the file and may be consulted for the purposes mentioned above, by entities adhering to the Hunter System and belonging to the following sectors: financial, card issuers, means of payment, telecommunications, leasing, insurance, debt purchase, real estate, energy and water supply, periodic billing and deferred payment.

The list of entities adhered to the Hunter System will be available on the website of the Spanish Association of Companies against Fraud: www.asociacioncontraelfraude.org.

The Client may exercise their rights of access, rectification, cancellation, opposition, portability or limitation to the processing of their data before the Spanish Association of Companies against Fraud, by sending a signed request accompanied by a photocopy of their identification document to the following address: Apartado de Correos 2054, 28002 (Madrid).

• Purpose 11: To communicate the data of non-payment of the debt to common systems of credit information: In case of not attending punctually to its economic obligations before the OPERATOR and resulting from it a certain, due and enforceable debt and previous requirement of payment, the communication of its identification data and the data relative to the debt pending of payment to the responsible entities of common systems of credit information (e.g., BADEXGUG, ASNEF, File of Judicial Incidents, etc.), in accordance with the legislation in force, will proceed to the communication of its identification data and the data relative to the debt pending of payment to the responsible entities of common systems of credit information (e.g., BADEXGUG, ASNEF, File of Judicial Incidences, etc.), in accordance with the legislation in force.
• Purpose 12: Statistical information.

7.3 What type of data do we process?

For the purposes set out in the previous section, the Customer's data is processed, which can be divided into the following sources and categories:

• Data provided directly by the Customer: Data provided directly by the Customer, either at the time of requesting the Service through the completion of the forms provided for this purpose as those provided throughout the contractual relationship through various means such as, for example, claims or requests for information filed with the Customer Service. The Client is responsible for its veracity and updating.
• Data obtained from sources other than the Customer himself:Data obtained from sources other than the Customer, either by having his consent or by any other legal authorization (legitimate interest, compliance with a legal obligation...). These sources are:
  • Sources accessible to the public.
  • Public Administration Agencies (e.g., General Treasury of the Social Security (TGSS), State Agency of Tax Administration (AEAT), etc.) or Judicial.
  • Common credit information systems (e.g., BADEXGUG, ASNEF, Fichero de Incidencias Judiciales, etc.).
  • Identity protection or fraudulent data detection files (e.g., the file provided by the Hunter System).
  • Information provided by other telecommunications companies in portability processes.
    • Data derived from the development of the relationship: Data provided indirectly by the Client as a result of the provision of the contracted Service and the maintenance of this activity. This category includes traffic data, the history of payments or contracted products, navigation data through the public Web Page or access to the private area or others of a similar nature.
    • Data inferred by the OPERATOR: Data inferred by the OPERATOR through the study of the Customer's data either by applying mathematical algorithms or its know-how. This category includes data such as the results of Customer profiling activities according to the various criteria that the entity may use, such as, for example, their relationship, seniority, the use they make of the contracted Services...
    • Data obtained from third parties:In case you give your consent, data provided by third parties such as geomarketing companies, RRSS, Cadastre, Land Registry, other telecommunications companies, the CNMC or other companies that may collaborate with this body for compliance with telecommunications regulations, companies that provide information on the economic activities of freelancers or professionals...

7.4 To whom do we disclose your data?

The personal data processed by the OPERATOR to achieve the purposes detailed above may be communicated to the following recipients depending on the legitimate basis for the communication. By virtue of the above, the following table details the communications envisaged and the legitimate basis for the communication:

7.5 How long will we keep your data?

The personal data will be kept for as long as the contractual relationship with the Customer is maintained and thereafter, for a maximum period of 5 years, if you have given your consent. Once the contractual relationship has ended (or, if applicable, once the 5-year period has elapsed), the data will be deleted in accordance with the provisions of the data protection regulations, which implies its blocking, being available only at the request of Judges and Courts, the Public Prosecutor's Office or the competent Public Administrations during the period of limitation of the actions that may arise and, after this, its complete deletion.

In any case, if at the end of the contractual relationship there were pending litigation arising from the exercise of actions challenging the invoice or aimed at achieving the collection of the same, the data may be retained during the processing of the same, until a final resolution (date on which will proceed to its blocking and subsequent deletion), although they may only be used for evidentiary purposes.

7.6 What are your rights?

Our data protection regulations give you a number of rights in relation to the processing of data involving our Services which can be summarized as follows:

• Right of access: To know what type of data we are processing and the characteristics of the processing we are carrying out.
• Right of rectification: To be able to request the modification of your data for being inaccurate or not truthful.
• Right of portability: To be able to obtain a copy in an interoperable format of the data being processed.
• The right to the limitation of the treatment in the cases included in the Law.
• Right of erasure: Request the erasure of your data when the processing is no longer necessary.
• Right of opposition: To request the cessation of the sending of commercial communications in the terms indicated above.
• Right to revoke the consent given, being your request processed within approximately 10 days.
• Right to file a complaint with the supervisory authority (in Spain the AEPD).

You can exercise your rights by mail to the address Avenida de Bruselas, 38, 28108 Alcobendas (Madrid) or by email to the address: pedidos@mifibra.online indicating the right to exercise and accompanying the required documentation. In the AEPD Web Page you can find a series of models that will help you in the exercise of your rights.

8. Causes for suspension of service

The OPERATOR may suspend the contracted Service in the following cases:

• When the Client has not met its payment obligations or has exhausted its balance and/or exceeded its credit limit.
• If the Customer provides the OPERATOR with personal data that are not truthful, are deliberately incorrect or the identity of a third party is usurped.
• When the Customer makes irregular or fraudulent use of the Service.
• When the Customer has fraudulently used a means of payment or there is a reasonable risk of fraud.

In any of these cases, the OPERATOR will contact the Customer, prior to the suspension of the Service, to inform him/her of the existence of a breach of the GTC.

The OPERATOR may temporarily suspend the Services in case of total or partial delay by the Customer in the payment of the Services, from the date the OPERATOR becomes aware of such circumstance, prior notice of 48 hours to the Customer in which he/she will be informed of the date from which the suspension will be carried out, and it may not be carried out on a non-business day. Notwithstanding the foregoing, in the case of the Fixed Telephone Service, in the event of total or partial delay by the Customer in the payment of invoices for a period of more than (1) one month from their presentation, it may give rise, prior notice to the Customer of fifteen (15) days, to the temporary suspension of the contracted Services in which the Customer will be informed of the date from which the suspension will be carried out, and it may not be carried out on a non-business day.

Suspension will only affect Services for which payment is in arrears. The suspension of the Service does not exempt the Customer from the obligation to continue with the payment of the monthly fees. 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 collect calls and those of the Mobile Telephone Service when abroad. The OPERATOR shall reestablish the suspended Service within the working day following the day in which it is aware that the amount due has been paid in full.

In the event of temporary suspension, if the Customer has filed a claim before the Consumer Arbitration Boards, in the case of submission of the OPERATOR to them, or before the Secretary of State for Telecommunications and Information Society, the OPERATOR shall not suspend or interrupt the Service while the claim is being substantiated and the Customer reliably consigns the amount owed, delivering the corresponding receipt to the OPERATOR.

The reconnection of the Services shall be carried out according to the conditions in force at that time, and the current fee for this concept shall be paid. During the suspension period, the OPERATOR may remove the leased equipment from the Customer's address.

The Customer may formally request, fifteen (15) days prior to the desired effective date, the temporary suspension of the Fixed Telephony Service by means of a communication addressed to the Customer Service Department. The duration of the suspension shall not be less than one (1) month nor more than three (3) months. The suspension period shall not exceed ninety (90) days per calendar year. In these cases, the OPERATOR will deduct from the Customer's subscription fee, fifty percent (50%) of the proportional amount corresponding to the affected time.

The delay in the total or partial payment of the OPERATOR's invoices for more than three (3) months or the temporary suspension of the Services on two occasions, due to late payment, shall entitle the OPERATOR to the definitive interruption of the Services and the corresponding termination of the Contract.

In any case, the Service may be interrupted in accordance with the regulations in force when there is a deficiency caused by the Customer that affects the integrity or security of the Network or the provision of Services to other Customers. This measure will cease when the Customer disconnects and informs the OPERATOR of the disconnection of the equipment that is the object of the deficiency.

The OPERATOR may occasionally interrupt the Services in order to carry out improvement works, repair works, equipment changes or for similar reasons, although such interruptions shall be as short as possible and shall be carried out, preferably and whenever possible, during hours of minimum consumption. The Customer accepts the need to consent to such interruptions and that the OPERATOR shall not be obliged to compensate him/her except for the amount of the indemnities foreseen in the section "OPERATOR's Liability" of this Agreement, which may correspond.

9. Duration and termination

This Contract is constituted for an indefinite period of time. The OPERATOR has the right to terminate the Contract for the general causes of termination of contracts and for the causes mentioned in the GTC. The termination of the OPERATOR's authorization to provide the Service when it determines the impossibility to continue providing the Service shall be cause for automatic termination of this Agreement at the request of the OPERATOR, without in this case any right of indemnification in favor of the Customer.

For its part, the Customer has the right to terminate the Contract at any time by sending a notice of termination, a model of which can be found on our Web Page, accompanied by a copy of the national identity card or equivalent identification document, to the Customer Service Department at least two working days before the day on which the Customer wishes the cancellation of the Service to become effective.

The Contract shall be terminated, with the consequent definitive interruption of the Service, for the general causes admitted in Law and especially for the following:

• Client's decision.
• Serious breach of the obligations arising 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 exceeding three (3) months or the temporary suspension of the Contract on two occasions for delay in payment in accordance with the provisions of these GTC.
• Unauthorized, unlawful, 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 Customer must return the devices and/or terminals owned by the OPERATOR.

In application of the obligations imposed on the OPERATOR as Telecommunications Operator in accordance with Law 25/2007, on the conservation of data relating to electronic communications and public communications networks, the OPERATOR 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 Customer is found to be false, incorrect or incomplete.

In the event that the Customer does not request to keep the numbering, the termination of the Agreement for any reason may result in the loss of the assigned numbering within one month from the date of termination of the Agreement.

10. Modification of the GCC

The OPERATOR may modify these GTC, as well as the rates in force at any time, by notifying the Customer affected by the modification at least one (1) month prior to the date of its entry into force, which shall be expressly indicated. If the Customer does not accept the new conditions and so notifies the OPERATOR, he/she may terminate the Contract in advance and without any penalty. If, after one (1) month from the notification by the OPERATOR, the Customer has not expressly expressed his disagreement, or will continue using the Service after the announced modification comes into force, it will be understood that he accepts the proposed modifications.

11. Changes of address, telephone number or owner.

The Customer may request a change of address where he/she receives the contracted Services through the Customer Service Department. If for technical reasons the OPERATOR is unable to provide the Services at the new address, the Customer may terminate the Contract in advance and without any penalty.

If the change of address is technically possible, the Customer shall only be charged the applicable change of address fee.

In the case of rental of telephony and/or Internet devices, the Customer must move the equipment associated with these Services to the new address under his responsibility. When it is necessary to change the Customer's mobile or landline telephone number, either for technical reasons or because it is required by the regulations in force, the OPERATOR will inform the Customer of such change and the reasons for it with a notice period of three (3) months in the case of landline telephony, informing the Customer of the new number that will be assigned to him/her, and the Customer will not be entitled to any compensation for this reason. Notwithstanding the foregoing, the OPERATOR shall take the appropriate measures so that the Customer may keep his telephone number when changing the operator in accordance with the regulations and conditions that regulate it. In addition, the Customer may request a change of telephone number at any time.

In case of change of holder, both the current and the new holder declare that all the data provided to the OPERATOR's Customer Service are correct and that they have read, know and accept in their entirety the present GTC. The date of change of the new payment responsibility will be the day after the confirmation of the change of holder by the OPERATOR, which will happen once it has received the necessary documentation duly completed. Notwithstanding the above, the change of ownership does not exonerate the current owner from the payment of the amounts accrued up to the date of the change.

12. Assignment

The OPERATOR 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 requiring the express consent of the Customer, notifying the Customer at least one (1) month in advance. The Customer who does not wish to accept such assignment may terminate the Agreement in advance and without penalty.

13. Nullity

The declaration of nullity, ineffectiveness or invalidity of any of these GTC shall not affect the validity of the remaining conditions, which shall remain in force and binding on the parties.

14. Applicable Law and Jurisdiction

The legislation applicable to the relationship between the parties is Spanish law, the competent forum being the one determined in each case by the regulations on consumer and user protection in the event that the Client is a 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 disputes arising from the interpretation or application of these Terms and Conditions.

SPECIFIC CONDITIONS FOR FIXED TELEPHONY AND BROADBAND INTERNET ACCESS SERVICES

1. Purpose

These specific conditions are only applicable in case of contracting the Fixed Telephony Service and Broadband Internet Access, either independently or in convergent mode with other Services.

2. Installation and activation of the line

The conditions for installation and activation of the Service will depend on whether the Service is provided over an ADSL or Fiber Optic line. The OPERATOR will provide access to the Service over Optical Fiber only in those places where it has adequate infrastructure for this purpose. You may consult the coverage areas in our Web Page or at the Customer Service Department.

2.1 ADSL

The installation of the Services over an ADSL line requires actions such as the unbundling of the subscriber loop, installation of devices and/or portability, if applicable. The Customer will allow, when necessary, for the correct provision of the Service, the persons designated by the OPERATOR to access the Customer's property.

The Customer declares that it 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, if applicable, that its pair of wires (also called "loop") be accessed by the OPERATOR or the companies of the MASMOVIL Group (any of them, hereinafter, "the OPERATOR") in the modality of fully unbundled access or in the modality of indirect access. The OPERATOR 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 (NTP).
• Installation of an ADSL/Wifi modem.
• Connection of the installed equipment with a maximum of 1.5 meters.

Likewise, the Customer declares that it has been informed of the characteristics of the provision of the OPERATOR's Services and that this implies the automatic cancellation of all the Services contracted by the Customer with its access operator in relation to said loop, including, if applicable, Centrex Services, virtual private network, hop group, trunk line and any other Service that implies association with the loop.

The Customer authorizes the OPERATOR to carry out on its behalf as many actions as necessary to access its peers, or to carry out as many actions as necessary on the Customer's line to provide the Broadband Internet Access Service. In the event that the Customer does not coincide with the holder of the lines, he/she expressly declares that he/she has obtained the aforementioned authorization.

The OPERATOR will initiate the unbundling procedure, if applicable, of the line indicated by the Customer, provided that there is a guarantee of being able to offer the Service in adequate quality on this line. If there is no such guarantee, the OPERATOR will install or request a new pair at the Customer's address. For these purposes, the Customer expressly authorizes the OPERATOR to register a new line, in the Customer's name, at the Customer's address.

Once it is possible to provide the Service on the line, the OPERATOR will port, if applicable, the Customer's numbering in accordance with the portability request signed by the Customer in this Agreement.

In case of change of holder, both the current and the new holder declare that all the data provided to the OPERATOR's Customer Service are correct and that they have read, know and accept in their entirety the present GTC. The date of change of the new payment responsibility will be the day after the confirmation of the change of holder by the OPERATOR, which will happen once it has received the necessary documentation duly completed. Notwithstanding the above, the change of ownership does not exonerate the current owner from the payment of the amounts accrued up to the date of the change.

2.2 Fiber Optics

If the Customer does not have the necessary installation for the provision of the Service, it is necessary that the OPERATOR or another company acting on its behalf, carries out the installation of the Service at the Customer's address. For this purpose, after the signature of these General and Specific Conditions, a technician from the OPERATOR or from an external company authorized by the OPERATOR, will go to the Customer's address on the date agreed with the Customer. The Customer expressly authorizes the OPERATOR and the technicians appointed by the latter to have access to the Customer's home and to the installations and equipment necessary for the correct installation. This authorization is extended 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, in its case, at the moment of the removal of the Equipment.

The Customer will have to provide the technician with the entrance to the location of the building where the access for the Fiber Optic is located in case the same has been deployed in its interiors.

The OPERATOR shall carry out the following actions for the installation of the Service:

• Connection of the external fiber optic cable to the Customer's building network.
• Cable laying inside the building or through the façade to the Customer's home.
• Installation of an Optical network termination point at the Customer's home.
• Installation of a Wifi ONT Router at the Customer's home.
• Connection of the installed equipment with a maximum of 1.5 meters.

The OPERATOR may modify the elements to be installed or the actions to be performed for the installation, according to the needs of the Service at any given time.

The Customer acknowledges that he/she has 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 Customer may have previously contracted with the OPERATOR or with another operator. The Customer may keep its previous ADSL/Internet Access Service, if any, and the associated Services. In this same case, the cancellation of the Customer's ADSL/Internet Access Service with its previous operator is the Customer's responsibility. In the event that the Customer wishes to cancel such cancellation, he/she must contact his/her previous operator.

In the case of installation and activation of the ADSL Service as well as in the case of Fiber Optic Service, the Customer declares that it has the permits and licenses of third parties that, if applicable, are necessary for the installation and provision of the Service, and the OPERATOR shall be exempt from any liability with respect to such third parties.

The non-acceptance by the Customer of the basic installation to be carried out by the OPERATOR shall entitle the latter to terminate this Agreement immediately, proceeding in any case to invoice the Customer for those expenses that have been generated up to the date of termination of the Agreement.

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 Customer will depend on the Particular Conditions of each tariff. In case of not consuming the minimum monthly amount corresponding to the tariff, the OPERATOR will bill the Customer for that amount or, if applicable, the remaining amount until it is reached.

Certain tariffs may have a fixed monthly fee. The existence of such a fee will be informed in the Particular Conditions applicable to each tariff prior to contracting. Said fixed fee will accrue at the beginning of each billing period. In case of cancellation once the billing period has started, the Customer will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the billing period until the date of cancellation. The OPERATOR may require the constitution of guarantee deposits, at the moment of contracting the Fixed Telephone Service or during the term of the Contract when:

• The Customer has left one or several bills unpaid, as long as the delinquency persists.
• Debts have been contracted for other Subscription Contract(s), whether in force or not, or are repeatedly in arrears in the payment of bills. The deposit may be constituted in cash or by bank guarantee at the Customer's choice.

The deposits will not be remunerated. The OPERATOR will request the constitution of the deposit by a means that leaves evidence of its receipt, granting a term of no less than fifteen (15) days for its constitution or for the payment of the pending amounts. If the deposit is not constituted, the OPERATOR may reject the registration request, suspend the Service and terminate the Customer if the deposit is not constituted after ten (10) days from the second request. The deposits requested will be for an amount never higher than the estimated average of three months of consumption per Service. Deposits will be refunded in the event:

• As soon as the OPERATOR has proof of the full payment of the amounts due.
• When it is proven that there has been no delay in payment for one year.

If the Customer with outstanding debts cancels or requests a change of ownership of his Service, the OPERATOR may execute the guarantee for the total amount of the debt contracted, leaving the remainder at the disposal of the Customer. If the Customer has paid all the bills, the deposit will be returned in full. The term of return will be of fifteen (15) days from the following one to that in which the circumstances gathered previously are fulfilled.

4. Broadband Internet Access Service

The Customer declares that he/she has been informed in detail of 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 may in turn affect the Fixed Telephone Service, causing in such case the cancellation of the latter Service.

The Customer is also informed that the provision of the Service may imply incompatibilities with Services based on modems or alarms, switchboards, elevator lines and remote assistance Services and, in general, with any Service provided over a traditional telephone line. The OPERATOR does not guarantee the operation of the mentioned Services that were installed prior to the activation of the Broadband Internet Access Service.

When the Service is provided over ADSL, the Customer acknowledges that the OPERATOR cannot guarantee that the contracted speed will be available in all cases, since the distance to the exchange, the quality of the line and possible interferences may imply a decrease of the mentioned speed. the OPERATOR will make its best efforts so that the Customer has the maximum speed technically possible of the contracted ADSL Service.

In general, whether the Service is provided over ADSL or over Optical Fiber, the contracted speed will be enjoyed using the Ethernet cable connection between the equipment provided and the Customer's terminal. This speed may be limited by the capabilities of the device used by the Customer to connect to the Service.

When using other means of connection such as Wi-Fi or others, the speed on the Customer's device may be limited by the characteristics of such means of connection. In the case of Wi-Fi, factors beyond the OPERATOR'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, outdoor or indoor use, or other factors, may cause a decrease in the final speed enjoyed by the Customer.

In addition to the aforementioned factors beyond the OPERATOR's control that may cause a decrease in the speed to be enjoyed by the Customer, it is possible that this speed may be limited in the event of maintenance operations carried out by the OPERATOR or in the event of Service interruptions.

5. Fixed Telephone Service

In the event that the Customer contracts the Fixed Telephone Service, this will be provided over the line associated to the ADSL Service or over 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 may in turn affect the Broadband Internet Access Service, causing in such case the cancellation of the latter Service.

The Telephone Service, with voice over IP technology, allows the Customer to receive calls to the number associated with its line on its fixed terminal. It also allows the Customer to make calls from the same line.

In the case of providing the Service over the Fiber Optic line, the Customer may keep its previous Telephone Service, if any, and the associated Services. In this case, the Customer's cancellation of the Telephone Service with its previous operator is the Customer's responsibility. In the event that the Customer wishes to unsubscribe, he/she must contact his/her previous operator.

In order to enjoy this Service, the Customer authorizes the OPERATOR to carry out any actions in the network that may be necessary to guarantee the reception of calls destined to its geographic numbering.

6. Activation of Landline Telephone Service and Broadband Internet Access

The OPERATOR will activate the Fixed Telephone and Broadband Internet Services within a maximum period of thirty (30) calendar days from the acceptance by the Customer of these GTC. The activation of the above mentioned Services will take place the same day the OPERATOR finishes the installation at the Customer's address in a satisfactory way or once the suitability of the pre-existing installation has been verified.

This activation period is called initial connection supply time, for the purposes of the current quality obligations to which the OPERATOR is subject. The non-fulfillment of the above mentioned initial connection supply time commitment by the OPERATOR will imply a compensation to the Customer 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 the OPERATOR to provide the Service, or the physical inaccessibility of the cable installation to the connection point of the Customer's home or other circumstances not attributable to the OPERATOR for which the OPERATOR could not provide the Service, such as force majeure or other causes attributable to the Customer, no right to any indemnity shall arise in favor of the Customer.

The OPERATOR undertakes to provide the contracted Services in accordance with the quality commitments required by the applicable regulations in force.

7. Emergency Services

The OPERATOR provides the Customer with free access to the Emergency Services, as well as information on the location of the person making the call, depending on the capacity of the systems of the Autonomous Community in which the Customer is at the moment of calling the referred Services.

8. Subscriber guides

If the Customer requests that its data be included in the subscriber directories by ticking the corresponding box, the OPERATOR shall communicate the data indicated by the Customer to the National Commission of Markets and Competition so that the latter may make them available to the entities that prepare the directories and/or provide Information Services.

9. Equipment and terminals

The OPERATOR shall deliver to the Customer or install at the Customer's address, in case the Customer does not have the necessary installation for the provision of the Service, the following equipment (for the purposes of these GTC, the Equipment):

• ONT / Wifi Router (in case of Fiber Optic).
• ADSL/Wifi modem (in case of ADSL).
• If necessary, a network termination point (NTP) in ADSL installations.
• An optical network termination point (ORP) in fiber installations.
• Wiring with the limits described in these GCC.
• Any other equipment, peripheral or device delivered by the OPERATOR to the Customer for the proper provision of the Services.

The technical characteristics of the Equipment that the OPERATOR delivers and installs to provide the Service to the Customer may be subject to change. The Customer will be informed of possible changes through our Web Page and through Customer Service.

The OPERATOR will configure or provide instructions for the configuration of the Equipment provided to the Customer. Unless there is no opposition from the Customer, the OPERATOR may create a second independent channel in the Equipment through which the Service is provided, at no cost and without 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 decrease the speed contracted by the Customer for its Broadband Internet Access Service. The Customer may deactivate this sharing at any time through the OPERATOR's Customer Service.

The OPERATOR assigns the Equipment to the Customer on a lease/rental basis, unless otherwise expressly indicated by the OPERATOR. The Customer is responsible for the proper use of the Equipment, as well as for not tampering with it.

The OPERATOR shall be in charge of the maintenance of the transferred Equipment, as well as its replacement in case of failure. The Customer undertakes to return the Equipment to the OPERATOR in a state of use and conservation suitable for its correct use, upon request of the OPERATOR, at any time and in any case, within one (1) month after the termination of the Service.

If the Customer does not return the Equipment within such term, the OPERATOR shall apply the penalty specified on the face of the Contract.

If the OPERATOR delivers any type of software or any self-installable Equipment or Terminal, the Customer must follow the installation instructions provided by the OPERATOR. The OPERATOR does not offer any guarantee, either explicit or implicit, on the installation assistance software provided, nor is the OPERATOR responsible for any damage or alteration that, due to its execution, may be caused to the Customer's computer system (configuration, software and/or hardware) or to the electronic documents and files stored in its computer system.

10. Terminal warranty and after-sales service

Notwithstanding the above, if there are Terminals or Equipment associated to the Contract that are purchased by the Customer from the OPERATOR or from a third party with whom the OPERATOR has reached an agreement in this respect, such equipment has a legal warranty period from its purchase, delivery or installation date, accredited with the corresponding invoice or delivery note. the OPERATOR offers in such cases an after-sales Service to process the repairs with an official Technical Assistance Service recognized by the manufacturer of the mentioned Equipment. The above mentioned guarantee will not be applicable 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 the OPERATOR.
• If the cause of the non-conformity is due to incorrect installation by the Customer or improper handling or with non-original items/accessories from the manufacturer.

11. Maintenance

The OPERATOR will repair the breakdowns that occur in all the Equipment transferred and related to the provision of the Service that had been provided by the OPERATOR, assuming the cost of the same as long as they had been produced by causes not attributable to the Customer. In case the Customer detects a breakdown in the Equipment or a malfunction of the Service, he/she should contact the OPERATOR's Technical Support Service by calling the Customer Service Department. The OPERATOR will use the means it deems necessary at any time to solve the incident.

SPECIFIC CONDITIONS OF THE MOBILE TELEPHONY SERVICE

1. Purpose

These Specific Conditions are only applicable in case of contracting the Mobile Telephony Service either independently or in convergent mode with other Services.

Installation and activation of the line

The Customer shall have a period of 60 days from the date of purchase or receipt of the SIM Card to activate it. Once this period has elapsed without the Card having been activated or used, the OPERATOR may cancel it. In this case, the Customer shall have the right to recover the amount paid for the SIM Card, upon request to the Customer Service Department.

The OPERATOR shall have in this case, as well as in the case of cancellation of the registration by the Customer, the right to charge the management fees corresponding to the sending of the Card, without prejudice to the provisions of the clause dedicated to the right of withdrawal when applicable. The applicable handling fees, if any, will be communicated to the Customer in the Particular Conditions of the contracted Services.

Fees, billing and payments

Mobile Telephony Service rates may have associated minimum consumption or fixed monthly fees.

The minimum monthly consumption to be made by the Customer will depend on the Particular Conditions of each tariff. If the Customer does not consume the minimum amount corresponding to his tariff, the OPERATOR will invoice him or deduct from his balance each month that amount or, if applicable, the amount remaining until it is reached.

Certain tariffs may have a fixed monthly fee, which will be disclosed in the Particular Conditions of each tariff prior to contracting. Said fixed fee will accrue at the beginning of each billing period. In case of cancellation once the billing period has started, the Customer will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the billing period until the date of cancellation. Certain actions of the OPERATOR, about which information will be provided prior to their execution, may imply the charge of additional amounts.

In order to guarantee the correct billing of the data Services in mobile mode, the OPERATOR may restore the connection of this Service every 2 hours of continuous connection. The restoration of the Service consists in the automatic restart of the data session.

The contracting of Mobile Telephony Services in postpaid mode shall be governed in accordance with the provisions of these General and Specific Contracting Conditions.

3.1 Prepaid or Contract without direct debit option

The Customer who has chosen to contract the Service in prepaid mode may recharge the balance of his/her Card through any of the means of payment offered by the OPERATOR, such as debit or credit cards, recharge cards or in any of the establishments adhered and identified with our logo.

You may also request that recharges be made automatically upon reaching a certain date or predetermined balance. In this case, the recharges will be made against the credit or debit card provided by the Customer for this purpose.

If the balance on the Card becomes negative, the amount of the next reload will be used, in whole or in part, to offset such negative balance. The Customer is obligated to replenish all amounts corresponding to negative balances from the date on which such negative balances occurred.

If the Customer maintains a negative balance on his/her line, even when the Service has been terminated, the OPERATOR will settle the amount owed by means of an additional charge through any of the means of payment registered by the Customer to make his/her recharges.

The maintenance of a negative balance will imply the obligation for the Client to pay a late payment interest equal to the legal interest of the money, as well as the expenses caused by the management of the debit balance, which may amount to twenty (20) Euros (VAT included), and without prejudice to the other consequences that may derive from its non-compliance, among others, the inclusion in files of patrimonial solvency and credit.

The Customer will be able to consult his consumption details and charges through his personal online area in our Web Page.

3.2 Monthly subscription option

If the Customer has chosen to contract the Mobile Telephone Service of the OPERATOR in this modality, the fixed concepts associated to his SIM Card, such as fees or bonuses, will be paid in their entirety with a charge to his available balance at the beginning of the billing period. The balance will be automatically recharged by monthly debit or credit 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, in addition to the monthly fee and at his/her choice, the recharge of the balance for a minimum amount of 10 Euros or for higher amounts in multiples of 10 Euros.

In order to contract the OPERATOR's Services in this model, it is an essential condition that the Client has a bank card suitable for electronic commerce and that allows a security check to be carried out.

The fees or bonuses associated with this type of contract are valid for one calendar month from the first day of the month to the last day of the month, both inclusive. In case of contracting the Service after the beginning of the reference month, the fees or bonuses will have an extension and price proportional to the remaining days from the contracting date to the last day of that month.

Once the minutes of calls included in the installments or bonuses have been consumed, and any balance that may exist has been used up, the Call Forwarding Service will be suspended, except for toll free and emergency numbers, until the first day of the following month after the corresponding amounts have been charged to the card or, if applicable, until the extension of the Services in the month of reference. The Incoming Call Service will not be affected by this circumstance except in the event that the incoming call carries associated costs (such as interconnection costs or collect calls).

Consumption outside the fixed items charged in advance will be charged to the balance available at that time. In the event that an extension of the Services associated with the fixed fees is required, the Customer may request it through his/her personal area or by express request to the Customer Service Department. The cost of the extension of the Services will be charged to the Customer's bank card at the time of confirmation of the request.

In the event of termination of the Service, the OPERATOR will reimburse the unconsumed balance to the bank card associated to the Customer.

The amount of fees and bonuses do not include the making or receiving of calls or traffic from abroad (Roaming Service) or calls to Premium Rate Services. Access to these Services will require the existence of a credit balance or the extension of the Service.

As in the case of direct debit contracting, at any time and/or exceptionally, the OPERATOR may, in order to guarantee the fulfillment of the Customer's obligations, request guarantees in the same cases provided for in the GTC.

4. Coverage

The OPERATOR shall provide the Service exclusively in the coverage areas of the national territory in which it is implemented. The OPERATOR undertakes to provide the Service within the coverage limits and the state of the technology. In any case, the OPERATOR shall not be responsible for interruptions or malfunctioning of the Service caused by orographic and/or atmospheric conditions that prevent or make it impossible to provide the Service.

5. Identification obligations in the case of monthly subscription contracts

In order to contract the Service in this modality, it is a necessary condition to follow an identification and contracting process. The personal data provided during the identification process will be treated according to the terms provided in the GTC.

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 web and a photograph of your ID card 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 failure in the verification of data will result in 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 service suspension

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 when you are making collect calls) and SMS.

Once the aforementioned period of 30 days has elapsed without the cause of the suspension having ceased, the reception of calls and SMS will also be blocked. Once 90 days have elapsed from the date of the suspension without the cause having ceased, the SIM Card will be permanently blocked by the OPERATOR, and the Contract with the OPERATOR will be definitively terminated with respect to this Service.

The OPERATOR may unilaterally terminate the Contract in relation to this Service when it considers that the Mobile Telephone Service object of the same is inactive. The Service shall be considered inactive when 4 consecutive months have elapsed without any billable service consumption.

The OPERATOR reserves the right to claim from the Client the amount of the eventual negative balance, plus the interests and expenses derived from the claim.

Until permanent blocking, it is possible to pay outstanding invoices, top up credit and make emergency calls to 112, as well as to call Customer Service at 2373.

SPECIAL CONDITIONS OF PERMANENCE

In the event of purchase or transfer / lease of Equipment or Terminals on subsidized or advantageous terms for the Customer, whether or not such purchase or transfer is linked to a specific price plan and/or to the application of certain discounts, as well as in the event of the application of certain discounts on the price of the Services, the Customer undertakes to remain registered in this Agreement, for the term and under the conditions detailed on the face of the Agreement, from the date of signature. In the event that the Customer terminates the Contract early for any reason, does not pay the OPERATOR the amounts owed and this leads to the definitive interruption of the Service, breaches the Contract, makes unlawful use of the Service or changes the contracted price plan for another one with a consumption commitment or with a lower quota, the Customer will have to pay the OPERATOR the amount owed to the OPERATOR, shall pay to the OPERATOR the corresponding amount according to the acquired commitment, as well as the time remaining to fulfill it, and up to the maximum amount detailed in the cover page (indirect taxes not included), all this as compensation for the fact of not responding according to what was agreed and in attention to the benefits previously received. In the event that the OPERATOR is unable to provide the Service due to technical reasons beyond the Customer's control, the latter shall return the Equipment and Terminals delivered by the OPERATOR within fifteen days from the communication by the OPERATOR to the Customer of the impossibility to provide the Service. The return of the Equipment and Terminals shall be carried out by the Customer in the same way in which the initial delivery of the Equipment and Terminals took place. In the event that the Customer does not return the Equipment and Terminals within the indicated term, he/she shall pay the OPERATOR the amount detailed on the cover page.

If during the term of the indicated permanence period, the Customer requests a change of address to a geographical area where the OPERATOR cannot provide the Service due to technical reasons, the Customer shall pay the OPERATOR the corresponding amount according to both the commitment acquired and the time remaining to fulfill the commitment, and up to the maximum amount detailed on the cover page (indirect taxes not included), all this as compensation for the fact of not responding as agreed and in consideration of the benefits previously received.

RIGHT OF WITHDRAWAL. ONLY APPLICABLE IN CASE OF DISTANCE OR OFF-PREMISE CONTRACTING.

The Customer has the right to withdraw from this Agreement within 14 calendar days from the date of conclusion of the Agreement. In case of registration in the OPERATOR with portability from another operator of origin, we inform that the exercise of the right of withdrawal will not imply the automatic return to the operator of origin, being necessary for the Customer to manage a new portability with its operator of origin for this purpose.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the Contract by means of an unequivocal statement (for example, a letter sent by post or by e-mail) adding the "Order No.". For this purpose, you may use the model withdrawal form available at: https://MasMovil.es/es/resources/files/ form-right-of-withdrawal.pdf, although its use is not mandatory.

You may send the communication exercising your right of withdrawal by e-mail to hola@MasMovil.com or to the following postal address: MASMOVIL, Avenida de Bruselas, 38, 28108 Alcobendas (Madrid).

You may send the communication exercising your right of withdrawal by e-mail to hola@MasMovil.com or to the following postal address: MASMOVIL, Avenida de Bruselas, 38, 28108 Alcobendas (Madrid).

The exercise of the Right of Withdrawal will entail the obligation to return the Equipment or Terminals delivered by the OPERATOR for the provision of the Service in its original packaging, in perfect condition, including all its accessories and preparation. Only those products that do not show signs of being damaged will be accepted for return. The Customer shall be responsible for any diminished value of the products to be returned resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products to be returned. For greater security, the Customer may insert the withdrawal document in the package duly completed and signed.

As a consequence of the exercise of the Right of Withdrawal, the Customer must return or deliver directly the products (Terminals or Devices) to the address indicated in this section, without any undue delay and, in any case, at the latest within 14 calendar days from the date on which he/she communicates to the OPERATOR his/her decision to withdraw from the Contract. Likewise, you must assume the direct cost of returning the products provided by the OPERATOR. 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 the return of the products, depending on which condition is met first.

In case of withdrawal, the OPERATOR shall return to the Customer all payments received no later than 14 calendar days from the date on which the Customer informs the OPERATOR of his withdrawal.

In case of cancellation, the OPERATOR having installed and/or activated the Service at the express request of the Customer during the period in which this right may be exercised and before the Customer has exercised it, the OPERATOR shall be entitled to charge the cost of the installation and consumption made up to that moment and proportionally the fees foreseen in the General and Particular Conditions of each tariff incurred by the Customer.

If the Customer withdraws from the Contract and the price to be paid had been totally or partially financed by means of a credit (either by the OPERATOR or by a third party after agreement with the OPERATOR), such withdrawal shall imply at the same time the termination of the credit without penalty.

Should the Customer enjoy a commercially discontinued Service provision with the OPERATOR and contract a new Service under this Agreement, upon withdrawal from this Agreement, it would not be possible to reinstate the original Service provision, however, the OPERATOR will position the Customer in such a way that the Customer will not be prejudiced.

ADDITIONAL CONDITION FOR ROAMING SERVICE

For the use of the Service in another country of the European Economic Area (EEA), the OPERATOR will apply the same rates that apply to its national use as long as the Customer 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 tariff so provide, the OPERATOR may establish a limit on the volume of contracted data beyond which it may apply a surcharge as set forth below.

The Customer undertakes to make reasonable use of the Service in roaming in another EEA country. In order to avoid abusive or anomalous use of the Service, the OPERATOR may observe, for a period of at least 4 months, the objective indicators of consumption and presence. Such indicators may include: exceeding 50% of the contracted data volume 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 SIM Cards.

If the Customer exceeds the established limit on the volume of data to be consumed in another EEA country or commits an abusive or anomalous use of the Service, the DEALER may apply to the Customer, after prior notice, a surcharge that may not exceed the wholesale price in force. Prior to its imposition, the Customer shall have a period of 14 days to provide, if necessary, the actual data on its presence or consumption.

The Customer may contact the OPERATOR, in accordance with the provisions of clause 6, to lodge any claim related to the application of the provisions herein. You can find more detailed information about the terms and conditions of use of the Service in roaming at: https://cdnres.MasMovil.es/assets/files/condiciones-particulares-roaming.pdf

INFORMATION ABOUT THE SPEED OF THE INTERNET ACCESS SERVICE

In connection with the Internet Access Service, the Customer will have available, at all times, on our Web Page, precise information about the minimum, normally available, maximum and announced, downstream and upstream speeds in the case of fixed networks, and the estimated maximum and announced downstream and upstream speeds in the case of mobile networks.

These Special Conditions are an integral and indispensable part of the MIFIBRA TELECOMUNICACIONES service contract.

In case of discrepancy between these Special Conditions and the General Conditions, the order of prevalence is as follows:

• The Contracting Form.
• The Special Conditions.
• The SPECIFIC CONDITIONS FOR FIXED TELEPHONE AND BROADBAND INTERNET ACCESS SERVICES and the SPECIFIC CONDITIONS FOR MOBILE TELEPHONE SERVICE.
• General Conditions.

1. Service

The "Service" or the "Services" (which are the mobile telephone service available to the public, fixed telephone service available to the public and fixed broadband Internet access service), are marketed by THE TELECOM BOUTIQUE, S.L. (hereinafter, "TTB", which may act directly or through any of its distributors with different brands authorized by TTB, in accordance with the provisions of the contracting form of this contract), with address at C/ Manzano nº 3 de Pozuelo de Alarcón, Madrid, with CIF nº B-87522652, as described in the following clause. The Electronic Communications Services shall be provided by the telecommunications Operator XFERA MÓVILES, S.A.U. (hereinafter XFERA or the OPERATOR), with registered office at Avenida de Bruselas, 38, 28108 Alcobendas, Madrid, Spain, and CIF A82528548. The Services contain features and ancillary aspects to the publicly available mobile telephone service, publicly available fixed telephone service and fixed broadband internet access service that may be provided through TTB. In this regard TTB, through its distributor, will assume the billing and collection functions for the Customer, Customer Service and others described in the Agreement, as defined in the following paragraph. In addition to the aforementioned Services, TTB may provide other types of complementary services, in which XFERA does not intervene, and which will be regulated by their specific legal conditions. The services provided as a whole are referred to as "the TTB Service" or the "TTB Services".

2. Data protection

TTB will treat the Client's data at all times in an absolutely confidential manner and keeping the mandatory duty of secrecy with respect to them, in accordance with the provisions of the applicable regulations, adopting for this purpose the necessary technical and organizational measures to ensure the security of your data and avoid its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed.

By accepting these terms and conditions, the Client is informed and gives his/her free, informed, specific and unequivocal consent for the personal data provided through the sales channels provided for this purpose and related to the contracted service, to be processed by TTB under the terms indicated in this clause.

The data requested during the contracting process are generally mandatory to fulfill the established purposes (unless otherwise specified in the required field). Therefore, if they are not provided or are not provided correctly, they cannot be fulfilled.

2.1 Who is the data controller?

Given that the telecommunications service provided by the OPERATOR is marketed by TTB, directly or through any of its distributors, and to the extent that there are certain accessory services that can be contracted directly with TTB, the data controller is THE TELECOM BOUTIQUE, S.L. with respect to the purposes of the processing indicated in this clause and this, regardless of the existence of a series of necessary assignments to XFERA MÓVILES, S.A.U., as provider of the telecommunications services, as well as to the distributors authorized by TTB, to the extent that they provide certain services that will be indicated below, as provider of telecommunications services, as well as to the distributors authorized by TTB, to the extent that they provide certain services that will be indicated below.

You may contact our Data Protection Officer (hereinafter, "DPO") by e-mail at pedidos@mifibra.online.

2.2 Who is in charge of processing your data?

As we have explained in the contracting form, MIFIBRA TELECOMUNICACIONES is the Distributor of TTB, and will carry out the following treatments as TTB's manager.

2.2.1 What is the origin of the personal data processed by MIFIBRA TELECOMUNICACIONES?

MIFIBRA TELECOMUNICACIONES will process the personal data of the Customer, who has provided it to MIFIBRA TELECOMUNICACIONES as TTB's agent, for the purposes described below.

There is Customer data that will be obtained directly, through:

• The forms that the Client completes during the Recruitment process, which may be done on the Platform or via any other channel provided for this purpose.
• The documents that the Customer sends and/or fills in when making the application for the Contract.
• The various communication channels enabled by MIFIBRA TELECOMUNICACIONES (see, through e-mail, SMS, telephone, chat, or any other channel that may be enabled in the future).

2.3 For what purpose does MIFIBRA TELECOMUNICACIONES process your data and under what legitimacy?

The personal data provided or obtained by MIFIBRA TELECOMUNICACIONES, will be treated in accordance with the following purposes and according to the legitimate bases indicated:

• To manage and process the request for contracting telecommunications services (if applicable, mobile telephone service available to the public, fixed telephone service available to the public and fixed broadband Internet access service) marketed by TTB through MIFIBRA TELECOMUNICACIONES, and provided by the OPERATOR.The processing of the Client's data to manage, process and follow up on the contracting made by the Client is the execution of the contract with TTB, directly or through one of its authorized distributors. The provision of the data for this purpose is mandatory and would otherwise prevent its fulfillment.
• To manage and process the request for ancillary services contracted directly with TTB, as well as to manage the billing and collection of such ancillary services.the processing of the Client's data to manage, process and follow up on the contracting made by the Client is the execution of the ancillary services contracted directly with TTB. The provision of the data for this purpose is mandatory and would prevent its fulfillment otherwise.
• Manage, process and respond to requests, requests for information, incidents, complaints, claims or inquiries related to the provision of any of the Services contracted by the Client, the legitimate basis is the consent that the User may withdraw at any time. In the event that the User withdraws consent, the requests, requests for information, incidents, complaints, claims or queries made by the Customer cannot be processed.
• To manage the sending of personalized commercial communications about products and/or services marketed by TTB by electronic and/or conventional means, related to the products and/or services contracted by the Client, unless the Client indicates otherwise by checking the corresponding box.The sending of personalized commercial communications to Clients by TTB, about products and/or services similar to those that were the object of the contract is based on the legitimate interest of the company, under the provisions of the RGPD and the LSSI.
• To manage the sending of personalized commercial communications about TTB products and/or services by electronic and/or conventional means, related to the products and/or services contracted by the Client, unless the Client indicates otherwise by checking the corresponding box.The sending of personalized commercial communications to Clients by TTB, about products and/or services similar to those that were the object of the contract is based on the legitimate interest of the company, under the provisions of the RGPD and the LSSI.
• Manage the sending of commercial communications from third parties, including entities of the Group to which TTB belongs (you can check which entities belong to the Group at the URL www.telecomboutique.com), if the Client authorizes it by checking the box provided for that purpose, the legitimate basis will be the consent given by the User. Such consent may be withdrawn at any time, without affecting the lawfulness of the previous processing.
• To elaborate a commercial profile, using own and third party sources to offer the Client products and/or services in accordance with the Client's interests, if the Client gives his/her consent by ticking the corresponding box, the legitimate basis being the consent given by the User. Such consent may be withdrawn at any time, not affecting the lawfulness of the previous treatment.

The consents obtained for the aforementioned purposes are independent and the Client may revoke one or more of them without affecting the others.

2.4 What types of data does MIFIBRA TELECOMUNICACIONES process?

For the purposes set out in the previous section, the Customer's data is processed, which can be divided into the following sources and categories:

• Identification data: name, surname and ID card or equivalent document.
• Contact information: mailing address, e-mail address and telephone number.
• Personal characteristics data: date of birth and nationality.
• Job details: place of work.
• Economic and financial data: bank details to debit the indicated bank account.
• Data on products and/or services contracted: products and/or services previously requested by the Customer.
• Browsing data: IP, and Customer's device data (such as, for example, device type, browser type).
• Signature.
• Any others that are communicated and/or provided by the Client, through any of the channels provided for this purpose.

On the other hand, the following data will be collected on behalf of XFERA, as provider of the Services marketed by TTB. If, in the future, the Services are provided directly by TTB, TTB will process the data on its own behalf:

• Identification data: name, surname and ID card or equivalent document.
• Contact information.
• Traffic data.
• Location data.
• Data detailed in art. 3 of Law 25/2007 on data conservation, or any other law that may replace it in the future.

In the event that the Client provides third party data, he/she declares to have the consent of such third parties and undertakes to transfer the information contained in this clause to them, exempting MIFIBRA TELECOMUNICACIONES and TTB from any liability in this regard. Notwithstanding, MIFIBRA TELECOMUNICACIONES or TTB may carry out periodic verifications to verify this fact, adopting the corresponding due diligence measures, in accordance with the data protection regulations.

2.5 To whom do we disclose your data?

There are certain data provided to TTB as marketer that will be processed by MIFIBRA TELECOMUNICACIONES and XFERA, as provider of the Services. By virtue of the above, the following table details such communications, as well as the other communications foreseen, the data communicated and the legitimate basis for such communications:

2.6 How long will we keep your data?

Customer data related to the performance of the contractual relationship will be retained for this purpose for as long as the contract is in force and, even thereafter, for as long as required by applicable law and until the expiration of any liabilities arising from the contract.

On the other hand, the data provided on the occasion of any request, request for information, incident, complaint, claim or inquiry will be retained until the User revokes his consent, and in any case after the request has been fulfilled, until the eventual responsibilities derived from the request expire.

With regard to the sending of commercial communications for products and/or services similar to those previously contracted directly with TTB, or in relation to those marketed by TTB, the Client's data will be processed until the Client objects to the processing. In this sense, the profiling will in no case refer to a period longer than 1 year.

On the other hand, the sending of commercial communications of products and/or services of third parties, including those related to entities of the Group, will be treated until you revoke your consent.

On the other hand, the data provided for the purpose of creating a commercial profile will be processed until you revoke your consent.

2.7 Customer's responsibility

When contracting the Services, the Client:

• Guarantees that he/she is over 18 years of age and that the data provided to MIFIBRA TELECOMUNICACIONES is true, accurate, complete and updated. To this effect, the Client is responsible for the truthfulness of all the data he/she communicates and will keep the information provided conveniently updated, so that it corresponds to his/her real situation.
• He/she guarantees that he/she has informed the third parties from whom he/she provides his/her data, in case he/she does so, of the aspects contained in this document. Likewise, he/she guarantees that he/she has obtained their authorization to provide their data to MIFIBRA TELECOMUNICACIONES for the aforementioned purposes.
• You will be liable for any false or inaccurate information you provide to MIFIBRA TELECOMUNICACIONES and for any damages, direct or indirect, that this may cause to MIFIBRA TELECOMUNICACIONES or third parties.

2.8 Are there any international transfers of your data?

The Client is informed that the provision of services is not associated with international data transfers.

2.9 Commercial and promotional communications

One of the purposes for which MIFIBRA TELECOMUNICACIONES processes the personal data provided by the Customers is to send them electronic communications with information related to products, services, promotions, offers, events or news relevant to the Customers. Whenever any such communication is sent, it will be addressed solely and exclusively to those Customers who have not previously expressed their refusal to receive such communications or who have not revoked their consent, as the case may be.

In case the Customer wishes to stop receiving commercial or promotional communications from MIFIBRA TELECOMUNICACIONES, he/she can request cancellation of the service by sending an e-mail to the following address: pedidos@mifibra.online.

2.10 What are your rights?

El Cliente puede enviar un escrito a lopd@telecomboutique.com, con la Referencia “Protección de Datos”, adjuntando fotocopia de su documento de identidad, en cualquier momento y de manera gratuita, para:

• To revoke the consents granted.
• Obtain confirmation as to whether or not MIFIBRA TELECOMUNICACIONES or TTB is processing personal data concerning the Customer.
• Access to your personal data.
• Rectify inaccurate or incomplete data.
• Request the deletion of your data when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
• Obtain from TTB the limitation of data processing when any of the conditions provided for in the data protection regulations are met.
• Request the portability of your data.
• Claim before the Spanish Data Protection Agency, through the following address www.aepd.es, when the Client considers that MIFIBRA TELECOMUNICACIONES or TTB has violated the rights recognized by the applicable data protection regulations.

Notwithstanding the foregoing, the interested party may contact the DPO of MIFIBRA TELECOMUNICACIONES, through the e-mail pedidos@mifibra.online.

3. Customer service and complaints

Customer Service is available to the Customer from 9:00 to 18:30 from Monday to Saturday to send requests for information, complaints, claims or any incident related to the provision of the Services.

The Customer may communicate with Customer Service through the following means:

• By phone: from your Operator's mobile number by calling toll-free 222
• In writing to the address that appears in the contracting form and, failing that, to the following address: MIFIBRA TELECOMUNICACIONES Operador Integral, S.L., Customer Service, Avenida de Europa, 26 Ática 1, 28224 Pozuelo de Alarcón, Madrid.
• By sending an e-mail to the following e-mail address: pedidos@mifibra.online.

Complaint forms are available to the consumer at the registered office of MIFIBRA TELECOMUNICACIONES and TTB at the address indicated in this clause.

To clarify any doubts regarding price, billing, quality or any other issue related to the Services or if the Customer wants to make a complaint, the Customer should contact Customer Service.

In case of a claim, a reference number shall be assigned to it, which MIFIBRA TELECOMUNICACIONES shall communicate to the Customer. If the claim is made by telephone, the Client may request a document that accredits the presentation and content of the claim. Said document shall be sent within ten (10) days from its request. When the claim has been solved, MIFIBRA TELECOMUNICACIONES shall inform the Customer of the solution adopted through the same means used to file the claim.

4. Invoicing and payments

The Client accepts that MIFIBRA TELECOMUNICACIONES, by delegation of the Operator, shall carry out the billing and collection procedures for the Services. Thus, MIFIBRA TELECOMUNICACIONES shall send monthly invoices corresponding to the Services rendered by the Operator, and shall proceed to collect them through the collection means designated at the time of contracting the Services.

Likewise, MIFIBRA TELECOMUNICACIONES may invoice the Customer for other MIFIBRA TELECOMUNICACIONES Services together with the Services.

5. Assignment

The Operator reserves the right to transfer the rights and/or obligations arising from these GTC to TTB without requiring the express consent of the Client, giving the Client at least one (1) month's notice. The Client who does not wish to accept such a transfer may terminate the Agreement early and without penalty.

In the event of assignment of the present Contract to TTB, once the period of one (1) month has expired, the contractual assignment will be effective and will inevitably be associated with the portability of the OPERATOR to TTB, with the customer keeping his telephone number and his rights, guaranteed in this case by TTB, and having to respect the same obligations contained in this contract.

The Client therefore hereby authorizes the Operator to transfer its data to TTB, when technically necessary, for the purpose of carrying out the contractual transfer and the portability of the Operator's services to those of TTB. Furthermore, the Client is hereby informed that the data provided will be processed by TTB, in accordance with the provisions of Particular Condition 2 "Data Protection". The Client's personal data will be processed by the receiving operator, in its capacity as data controller, in accordance with the following purposes:

• To carry out the registration of the line, as well as the maintenance and management of the contractual relationship. The data will be kept for this purpose for as long as the contract is in force and, even thereafter, for as long as required by applicable law and until the expiration of any liabilities arising from the contract.
• Send commercial communications, including by electronic means, about products and services of the receiving operator, unless the interested party expresses its will to the contrary by checking the corresponding box on the contracting form that accompanies these Conditions.

If, in accordance with the above, you do not object, the data will be kept for this purpose until you object.

Specific modifications to certain sections of the general terms and conditions of business

• CCGG 1 OBJECT: The particular and general Conditions will be published in the web indicated in the contracting form, which will be different from the one of www.mamsmovil.es.
• CCGG 3 BILLING AND PAYMENT RATES: The rates will be those published in the web that appears in the contracting form.
• CCGG 6 CUSTOMER SERVICE AND NOTIFICATIONS, ALL RELATED TO ANY REGISTRATION OR CANCELLATION OF THE SERVICE OR THE CONTRACTING OF NEW PRODUCTS:
  • Hours, from 9.30 am to 6.30 pm.
  • Customer service phone: 222
  • Web page in the contracting form
  • Customer service e-mail: pedidos@mifibra.online
  • Address: The one indicated in the contracting form or, failing that, The Telecom Boutique SL, Customer Service, Avenida de Europa, 26 Ática 1, 28224 Pozuelo de Alarcón, Madrid.
• GCC 11 CHANGES OF ADDRESS: If the change of address is technically possible, the Client will NOT pay any current rate for change of address, but will see his/her permanence extended again to the one he/she had at the time of contracting the service.
• CCEE FIXED TELEPHONY AND BROADBAND: 3 TARIFFS, BILLING AND PAYMENTS. It will be the marketer, not the Operator, who will request the guarantees from the customer.
• CCEE FIXED TELEPHONY AND BROADBAND: 11 MAINTENANCE: In the event that the Customer detects a breakdown in the Equipment or a malfunction of the Service, he/she should contact the Technical Support Service indicated in the contract form.
• CCEE MOBILE TELEPHONE SERVICE: 5 IDENTIFICATION OBLIGATIONS: If you do not agree with the identity verification procedure specified in the aforementioned Specific Condition 5, you may contract through other contracting channels, which can be consulted on the website indicated in the contracting form.
• RIGHT OF WITHDRAWAL FOR REMOTE CONTRACTING: The right of withdrawal must be made to the Reseller, not to the Operator, following the instructions included in the web page indicated in the contracting form and/or by e-mail to pedidos@mifibra.online or to the following postal address: MIFIBRA TELECOMUNICACIONES Operador Integral, S.L., Avenida de las Dos Castillas nº 33, Complejo Ática-Edificio I de (28224) Pozuelo de Alarcón, Madrid. References made to the Operator in the right of withdrawal clause shall be understood to be made to the Reseller.
• ADDITIONAL CONDITION FOR THE ROAMING SERVICE: You can find more detailed information about the conditions of use of the Roaming Service on the website indicated in the contract form.
• INTERNET ACCESS SPEED: The web site where this speed will be reported is the one indicated in the contracting form.

General terms and conditions

1. Purpose

XFERA MÓVILES, S.A.U. (the "OPERATOR") with registered office at Avenida de Bruselas, 38, 28108 Alcobendas (Madrid), Spain, and CIF A-82528548, is a telecommunications Operator that offers the Services described in the following clause (the "Service" or the "Services").

These General Terms and Conditions ("GTC") shall govern the relationship between the Client of the Service (the "Client") and the OPERATOR in relation to the contracted Services. The reading of the GTC by the Customer 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 GTC, which are also published on the OPERATOR's Web Site www.MasMovil.es (our "Web Site").

2. Description of services

Fixed Telephone Service: The Fixed Telephone Service, with voice over IP technology, allows the Customer to receive and make calls on its line, as well as other basic facilities and additional associated Services.

Mobile Telephone Service: This Service includes the provision of the Mobile Telephone Service and the associated electronic communications Services (including the Mobile Internet Access Service) and associated value added Services requested by the Customer. In order to provide this Service, the OPERATOR shall provide the Customer with a SIM Card that may be used in any free mobile device. The Service will be provided within the national territory. Outside the country, the Customer may 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 involve the charging of special rates on your communications received and made abroad according to the regulations in force at any given time.

Broadband Internet Access Service: This Service includes, regardless of the technology used:

• Broadband Internet access with 24-hour browsing at the contracted access speed. Due to the technical characteristics of the Service, such speed is maximum, i.e., the OPERATOR cannot guarantee at all times the access speed that the Customer has contracted; and (ii) the associated additional Services.
• For Fixed and Mobile Telephone Services, if the Customer does not have a number, the OPERATOR will assign one. The OPERATOR's Fixed and Mobile Telephone Services include, if applicable, the portability of the telephone number that the Customer had with his previous operator. In order to do so, the Customer must request it by completing the Portability RequestThe portability of the Fixed or Mobile Telephony Services can be processed in the 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 Numbering Maintenance in case of change of operator, approved by the National Commission of Markets and Competition. The Services are offered to you exclusively as an end Customer and for use based on good faith. In particular, by way of example but not limitation, the following are not permitted
  • The use contrary to Spanish laws, or that infringes the rights of third parties or the proper use of the Services that are only for personal and particular use of the Customer, being responsible for controlling access to them.
  • The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
  • The collection and/or use of personal data of other users without their express consent, or in contravention of the provisions of Law 15/1999, of Protection of Personal Data.
  • The resale of traffic or Services or the commercialization or economic exploitation thereof by any means or system.
  • Communication with numbers dedicated to call routing, i.e. offering, as a commercial service, call routing to a number other than the called number.
  • The objectively irregular or fraudulent use of the Services, such as: "babywatching"; "walkietalkie"; calling only, or mostly, to premium rate or value added Services; using the Services to send unsolicited commercial communications; sending large messages to block other people's servers; making unsolicited communications when these can be classified as irregular traffic. In particular, the Customer shall not use the Services to send unsolicited or bulk mail ("spam") or make any use of mailing lists to anyone who has not given permission to be included in such process.

In these cases, the OPERATOR may terminate the Agreement or block the affected Services temporarily until the circumstances of the irregular use of the Service are clarified or the tariff is changed, prior communication to the Customer. In the latter case, the Customer may terminate the Agreement with respect to the specific Service under the terms agreed therein.

Fees, billing and payments

The corresponding prices and charges will be applied to the Services according to the tariffs and other General and/or Particular Conditions, offers or promotions in force at any given time. Any modification of the tariffs will be communicated to the Client by any means that the OPERATOR considers appropriate for the Client to be aware of such modification and the new tariffs. The Customer will have such rates available at all times on our Web Page. Access to the Emergency Services is free of charge.

The invoice will be monthly and will break down the basic Service, as well as the rest of the contracted Services by concepts invoiced within each Service, including those corresponding to the sale or transfer/rental of equipment. If for technical reasons it is not possible to invoice the Customer in the month immediately following the accrual, the OPERATOR may invoice the Customer in the following months.

Subscription fees will be billed monthly in arrears. Metered Services will be billed for monthly periods according to the consumption of the previous month. The foregoing is without prejudice to what is indicated in the Specific Contract Conditions of each Service of these General Contracting Conditions.

For Fixed Telephone and Fixed Broadband Internet Services, the monthly subscription fees include network maintenance up to the PTR (Network Termination Point, in the case of ADSL) or PTRO (Optical Network Termination Point, in the case of Fiber).

The first invoice shall include the registration, activation and, if applicable, installation and/or maintenance fees. If applicable, it will also contain the price of the equipment purchased and the configuration of the Services, unless the payment of such price is deferred or deferred, in which case it will include the proportional part corresponding to the first month depending on the number of months of deferred payment. It shall also include the recurring fees applicable from the time of activation of the Service within the invoiced period.

The Customer has the right to choose a means of payment among those commonly used in commercial transactions. To use a means of payment other than direct debit (which is the default means of payment, unless otherwise stated in the Special Conditions), the Customer Service Department may be contacted.

Claims by the Customer for billing reasons do not justify the delay in payment of the invoices claimed. Invoices not paid on their due date will accrue interest for late payment equal to the legal interest rate, the costs incurred for the return of the receipt and other administrative costs that may amount to a maximum of 20 Euros (VAT included), without prejudice to any other consequences that may arise from non-compliance, among others, the inclusion of your data in credit and equity solvency files.

The OPERATOR may use for the collection of the amounts owed, if the Customer so authorizes, the data related to the credit or debit cards that had been provided by the Customer. Likewise, the OPERATOR may execute the deposits, bonds and/or other guarantees established in the Particular Conditions for the cases allowed by law. The Customer expressly consents with the acceptance of the GTC that the OPERATOR may issue the invoices corresponding to the Service in electronic format (Electronic Invoice), having access to them through his personal online area, accessible with the access codes that the OPERATOR will provide at the moment of the purchase, or by e-mail if requested.

The Customer may revoke this consent at any time, having the right to request the issuance of invoices free of charge on paper. In order to revoke this consent, the Customer must notify Customer Service in writing.

At the end of the contractual relationship, regardless of the contracting modality, if there is a balance in favor of the Client, the Client may request its refund. The OPERATOR may deduct the administrative and management expenses that may accrue according to the rates in force at any time. This right of compensation shall also correspond to the Client when the balance is in favor of the OPERATOR.

The OPERATOR may, in order to ensure compliance with the Client's obligations:

• Request from the Client an advance payment, or make an additional charge to the Client's account immediately, for the amounts accrued to date.
• Ask the Client for a non-interest-bearing cash deposit.
• Request a bank guarantee, for an amount not exceeding the estimated average of three months of consumption per Service.
• Restrict the Customer to Premium Rate Services, Additional Tariffs and International Services.

This type of action may be carried out, among others, in the following cases:

• The credit limits established in its case are exceeded.
• Suspension or interruption of the Service for any of the reasons set forth in these GTC or contractual termination.
• Breach of these GTC by the Customer.
• 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 such Service of these GTC shall apply.

4. Right of disconnection

For Fixed and Mobile Telephone Services, the Customer may request the OPERATOR to disconnect from the Premium Rate Services and international calls. To do so, he/she must contact the Customer Service Department indicating his/her wish to disconnect from the Services in question. The OPERATOR will make the disconnection within a maximum period of ten (10) days from the reception of the request.

If the disconnection does not take place within the indicated term for reasons not attributable to the Customer, the costs derived from the Service whose disconnection has been requested shall be borne by the OPERATOR.

En caso de que el Cliente desee la activación o posterior desactivación de este tipo de Servicios deberá también realizar una solicitud expresa de activación o de posterior desactivación de los mismos a través del Servicio disponible de Atención al Cliente llamando al 2373 o enviando un e-mail a hola@MasMovil.com.

5. Operator responsibility and quality of service

In the event of a temporary interruption in the Fixed or Mobile Telephone Service, the Customer shall be entitled to compensation equal to the greater of the following two amounts:

• The average of the amount billed for the Services interrupted during the three (3) months prior to the interruption, prorated for the actual time that the temporary interruption of the Service affects the Customer. In the case of a period of less than three months, the amount of the average bill will be considered in the full monthly payments made or that which would have been obtained in a monthly payment estimated proportionally to the period of actual consumption made.
• Five times the monthly subscription fee or equivalent in effect at the time of the interruption, prorated for the duration of the interruption.

Services or calls in roaming (Roaming Service) provided abroad by operators other than the OPERATOR are excluded from the scope of responsibility in the Mobile Telephony Service.

The OPERATOR will automatically pay this amount by deducting it from the next invoice, when the amount of the indemnity is higher than one (1) Euro. If no invoice is issued due to termination of the Service, the compensation shall be paid by the means agreed with the Customer in each case. For subscribers subject to prepaid modalities, the adjustment in the balance will be made within a term no longer than that of the rest of the subscribers.

If the temporary interruption is due to force majeure, the OPERATOR will automatically compensate the Customer by refunding the amount of the subscription fee and others independent of the traffic, prorated for the time the interruption lasted.

If there is a temporary interruption of the Broadband Internet access Service during a billing period, the Customer shall be entitled to be compensated with the refund of the amount of the subscription fee and other fixed fees, prorated for the time the interruption lasted when the interruption of the Service has been, continuously or discontinuously, more than six hours from 8:00 am to 10:00 pm. 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, the OPERATOR will automatically compensate the Customer if the interruption affects the area where the Customer's address is located, or in case of Mobile Telephony Service, knows that the Customer was in an area affected by the interruption at the time of the interruption and could not be located in another area during the period of the interruption. If the Customer has been affected by an interruption and has not been counted as affected in the above terms, he/she must inform the OPERATOR, through the Customer Service Department, within ten (10) days from the reestablishment of the Service, that he/she has been affected by the interruption of the Service, indicating, in case of affecting the Mobile Telephony Service, his/her geographical location at the time of the interruption. Such information shall not be contradictory with the information contained in the systems of the OPERATOR.

Additionally, except for interruptions due to force majeure, the OPERATOR undertakes to offer the following level of quality in the Service: Regarding the interruption time of a Service, a maximum interruption commitment of no more than 48 hours during each billing period. If this commitment is breached, the OPERATOR shall indemnify the Customer for an amount equal to a monthly fee prorated for the time the interruption lasted in the billing period.

When, due to promotions, the Customer enjoys a discount on the entire monthly fee for the Services, the non-promoted monthly fee for such Services shall be taken into account for indemnification purposes.

Such indemnities shall be cumulative with those provided for in the preceding paragraphs.

For these purposes, the Service interruption time is defined as the sum of the time elapsed from the moment when the Service is unavailable, once it has been activated, until the moment when it has been restored to its normal operation. The instant of start of the account will be the first of the following two events: (i) the notification by the Customer of the failure notice, or (ii) the registration by the OPERATOR of the incident causing the total or partial interruption of the Service.

For indemnification purposes in all the above commitments, the monthly fee for the Broadband Internet Access Service shall be deemed to be 50% of the total monthly fee in those cases of contracting joint packages of Services in which the price of the total fee of the package does not break down the amount attributable to each Service (Telephone Service and Broadband Internet Access Service).

The provisions of the preceding paragraphs shall not apply when the temporary interruption is due to any of the following causes:

• Serious breach by Customers of the contractual conditions, in particular in case of fraud or late payment, which will result in the application of temporary suspension and interruption of the Service.
• Damage to the network due, for example, to the connection by the Customer of Terminals whose conformity has not been assessed in accordance with the regulations in force.
• Non-compliance with the Code of Conduct by a Customer who provides Additional Tariff Services, when the ownership of the Subscription Contract corresponds to the latter.

The Customer who owns the Service is liable for all the traffic, Services used and misuse made of it. Notwithstanding the foregoing, the OPERATOR, after identifying the holder of the line and its circumstances, may also take the measures within its reach to avoid damages from the date on which, through the Customer Service Department, the loss, theft or robbery of its access codes to the Service or the existence of a fraud or, in the case of the Mobile Telephone Service, the loss, theft or robbery of the SIM Card, is reported.

The OPERATOR shall not be liable for any damages and/or losses and/or benefits lost by the Customer or any other third party caused directly or indirectly by the failure to provide the Service or its defective provision due to the following causes: (i) malfunction, defects, failures and/or damages in Customer's Terminals or Devices not provided by the OPERATOR (ii) total or partial loss, alteration and/or damages on information contained in Customer's Terminals or Devices due to causes not attributable to the Service and (iii) any other not due to lack of conformity of the Service or total or partial non-performance or defective performance by the OPERATOR.

The OPERATOR is not responsible for any consequence derived from an incorrect configuration of the Customer's Devices that has not been carried out by the OPERATOR or of the applications installed by the Customer, which are independent and unrelated in any case to the Service provided by MASMOVIL.

The OPERATOR shall adopt the measures and install the technical means required by the regulations in force at any time, which allow guaranteeing the secrecy of the content of the signal through the OPERATOR's network, being exonerated from any liability that may arise from the obtaining by the Customer or third parties of recordings of telephone conversations, their use or publicity and, in general, of any actions or omissions, not attributable to the OPERATOR, that breach the secrecy of telephone communications. The obligations that the OPERATOR may have according to the legislation applicable at any time to the interceptions carried out by the agents empowered in compliance with such regulations shall remain unaffected.

The OPERATOR informs that it provides the Telephone Service available to the public, Fixed and Mobile, with the facility of identification of 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, the OPERATOR provides means to restrict the identification of the calling line and the connected line. The Customer will be able to obtain this information from the Customer Service Department.

6. CUSTOMER SERVICE AND NOTIFICATIONS

The OPERATOR will offer a Customer Service that will include telephone assistance, from 8 to 22 hours a day, 365 days a year, on the use of the Services (technical assistance on your PC or device accessing the Services is in any case excluded).

To clarify any doubts regarding price, billing, quality or any other issue related to the Services or if the Customer wants to make a complaint, the Customer should contact Customer Service.

El Cliente puede realizar sus consultas en nuestra Página Web www.MasMovil.es o enviando un e-mail a la dirección hola@MasMovil.com.

You can also make your queries or complaints by calling 2373 (from a MASMOVIL landline or mobile) or 911 333 333 from any other telephone or by mail to the following address: Avenida de Bruselas, 38, 28108 Alcobendas (Madrid).

In the event of a complaint, a reference number shall be assigned to the complaint, which the OPERATOR shall communicate to the Customer. If the claim is made by telephone, the Customer may request a document certifying the submission and content of the claim. Such document shall be sent within ten (10) days from its request.

When the claim has been settled, the OPERATOR shall inform the Customer of the solution adopted through the same means used to file the claim.

Once the claim has been filed, if the Customer has not obtained a satisfactory response from the OPERATOR within one (1) month, he/she may resort to the Consumer Arbitration Boards in the case of submission of the OPERATOR to them, or to the Secretary of State for Telecommunications and the Information Society in accordance with the provisions of the regulations in force, without prejudice to his/her right to go to court.

7. PROTECTION OF PERSONAL DATA

The OPERATOR complies in the treatment of its Clients' personal data with the legislation in force in Spain and in the European Union. To this end, it adopts the necessary technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access and theft of the personal data provided, taking into account the state of technology, the nature of the data and the risks to which they are exposed.

In compliance with the provisions of the data protection regulations, you are hereby informed of the terms and conditions of the data processing carried out by the OPERATOR.

7.1 Who is responsible for the processing of your data?

The responsible party will be the company XFERA MÓVILES, S.A.U, with NIF: A-82528548 and registered address located at Avenida de Bruselas, 38, 28108, Alcobendas (Madrid), Spain.

This company offers telecommunications services through different brands such as OPERADOR, Yoigo, Llamaya and Happy Móvil.

On our Web Page you will be informed about our Data Protection Officer (DPD or DPO) and the means by which you can communicate with him/her.

7.2 For what purpose do we process your data and under what legitimacy?

The processing of your data follows the following purposes:

The OPERATOR will process your personal data, including your creditworthiness data, for statistical and historical studies.

• Purpose 1: Provision of the telecommunications serviceThis purpose includes different activities that are necessary and inherent to the provision of the telecommunications service, such as:
  • The management of portability processes both in those cases in which the OPERATOR intervenes as donor Operator and in those cases in which it intervenes as receiving Operator.
  • The conduct of communication over an electronic communications network, call establishment and routing (including interconnection).
  • The provision of the Internet access Service, in case it is included in the contracted Services.
  • The recording of traffic and interconnection data and their use for the purpose of billing or discounting within the balance available for prepaid cards, as well as extrajudicial and judicial claims in case of non-payment.
• Finalidad 2: Envío de publicidad sobre nuevas tarifas, promociones y mejoras del OPERADOR o del resto de marcas de XFERA MÓVILES aplicables al Servicio contratado o que resulten similaresDentro de esta finalidad, se engloba el uso de sus datos personales para enviarle comunicaciones relacionadas con la prestación, mejora y actualización de Servicios, así como información publicitaria sobre promociones aplicables a su Servicio, nuevas tarifas u otros Servicios (incluyendo Servicios de valor añadido) que puedan resultar de su interés.Esta información publicitaria será remitida por cualquier canal (mensajes de texto, correos electrónicos, llamadas telefónicas, correo postal…) y podrá ser genérica o personalizada, por lo que, en este último caso, se basará en el tratamiento previo de sus datos con el objetivo de poder proceder a su perfilado y cartelización, determinar gustos, preferencias y necesidades y, en base a éste, identificar las ofertas que puedan resultar más interesantes.En cualquier momento se permitirá al Cliente oponerse al envío de nuevas comunicaciones comerciales pudiendo hacer uso, asimismo, de este derecho por correo postal a la dirección arriba expuesta, por correo electrónico a la dirección hola@MasMovil.com o a través de nuestro Servicio de Atención al Cliente.
• Purpose 3: Development of commercial actions on products and services offered by other companies of the MASMOVIL Group, in case you give your consent, the OPERATOR may develop commercial actions with the purpose of sending you, through any channel, offers and promotions on other products and services of companies of the MASMOVIL Group, you may consult the list of these companies through our corporate Web Page.
• Purpose 4: Development of commercial actions on products and services offered by third party companies belonging to the sectors of leisure, culture, insurance, financial services or home assistance, in case you give your consent, the OPERATOR may develop commercial actions with the aim of sending you, through any channel, offers and promotions of third party companies in the sectors of leisure, culture, insurance, financial services and home assistance.
• Purpose 5: To analyze the Customer's traffic, billing, navigation and geolocation data in order to develop commercial actions In case of consent, the OPERATOR may analyze the Customer's traffic, billing, navigation and geolocation data in order to obtain more information about the Customer's tastes, consumption habits and needs (e.g. to know the scope and distribution of his data and minutes consumption) to develop commercial actions about the OPERATOR's products and Services, those of the Group companies and other third party companies belonging to the indicated sectors.
• Purpose 6: Transfer of your data to Group companies In case you give your consent, the OPERATOR will transfer your data to the rest of the Group companies for the purpose of:
  • To be able to share information and, through the study of aggregated information, to carry out statistical studies that allow commercial actions of greater value for both parties (e.g. to identify the propensity of a Customer to contract a higher or lower data tariff based on how others of a similar profile have acted previously).
  • That the rest of the Group's companies can contact the Client directly, through any communication channel, to develop commercial actions about their products or Services.
• Purpose 7: To enrich your profiling based on information provided to us by other third parties.In case you give your consent, the OPERATOR will obtain additional information about your person through external sources provided by geomarketing companies, RRSS, Cadastre, Land Registry, information about historical portabilities made by a certain number... all this with the purpose of elaborating profiles through marketing studies and statistical and segmentation techniques and procedures that allow us to introduce improvements and/or adapt or choose the information and offers of products or Services that best fit your profile.
• The OPERATOR informs you that, provided you give your consent, the OPERATOR may check your payment capacity in common files on creditworthiness and credit solvency whose managers provide such Service in accordance with current legislation, provided that the OPERATOR has a contractual relationship with the Customer that involves the payment of a pecuniary amount (e.g. any postpaid Contract) or with the purpose of evaluating the economic viability of a new contract that involves financing, deferred payment (e.g. any subsidy for a terminal or periodic billing).Likewise, as part of the evaluation process of the Customer's payment capacity, the OPERATOR may use automated scoring system procedures as part of the evaluation process of the Customer's payment capacity.
• Purpose 9: To keep the data after the end of the Contract.In case you give your consent, the OPERATOR will keep your data after the end of the Contract, for a maximum period of 5 years, with the purpose of:
  • Develop commercial actions with the objective of sending you, through any channel, offers and promotions on other products and services of the OPERATOR, of companies of the MASMOVIL Group and of third parties belonging to the indicated sectors.
  • To be able to carry out statistical studies that allow commercial actions of greater value for both parties (e.g. to develop models of propensity to abandonment).
• Finalidad 10: Verificar la exactitud de los datos aportados por el Cliente y lucha contra el fraude.El OPERADOR tiene interés en proteger al Cliente y a la propia compañía del fraude en la contratación. En este sentido, podrá verificar la exactitud de los datos aportados por el Cliente a través de los Códigos CSV o mecanismos similares o solicitando a la entidad bancaria emisora su confirmación.Asimismo, en caso de adherirse al Sistema Hunter, incorporará los datos de sus Clientes a un fichero titularidad de la ASOCIACIÓN ESPAÑOLA DE EMPRESAS CONTRA EL FRAUDE. Los datos serán comparados con otros datos de solicitudes de Servicios de telefonía que figuren en el Sistema Hunter para la prevención del fraude en solicitudes, exclusivamente con objeto de detectar la existencia de información potencialmente fraudulenta dentro del proceso de aprobación del Servicio. Si se diera el caso de que se detectaran datos inexactos, irregulares o incompletos, su solicitud será objeto de un estudio más pormenorizado, y dichos datos serán incluidos como tales en el fichero y podrán ser consultados para las finalidades anteriormente mencionadas, por las entidades adheridas al Sistema Hunter y pertenecientes a los siguientes sectores: financiero, emisores de tarjetas, medios de pago, telecomunicaciones, renting, aseguradoras, compra de deuda, inmobiliario, suministro de energía y agua, facturación periódica y pago aplazado.La lista de entidades adheridas al Sistema Hunter estará accesible en la Página Web de la Asociación Española de Empresas contra el Fraude: www.asociacioncontraelfraude.org.El Cliente puede ejercitar sus derechos de acceso, rectificación, cancelación, oposición, portabilidad o limitación al tratamiento de sus datos ante la Asociación Española de Empresas contra el Fraude, dirigiéndose a la siguiente dirección: Apartado de Correos 2054, 28002 (Madrid), a través del envío de una solicitud firmada y acompañada de fotocopia de su documento identificativo.
• Purpose 11: To communicate the data of non-payment of the debt to common systems of credit information: In case of not attending punctually to its economic obligations before the OPERATOR and resulting from it a certain, due and enforceable debt and previous requirement of payment, the communication of its identification data and the data relative to the debt pending of payment to the responsible entities of common systems of credit information (e.g., BADEXGUG, ASNEF, File of Judicial Incidents, etc.), in accordance with the legislation in force, will proceed to the communication of its identification data and the data relative to the debt pending of payment to the responsible entities of common systems of credit information (e.g., BADEXGUG, ASNEF, File of Judicial Incidences, etc.), in accordance with the legislation in force.
• Purpose 12: Statistical information.

7.3 What type of data do we process?

For the purposes set out in the previous section, the Customer's data is processed, which can be divided into the following sources and categories:

• Data provided directly by the Customer: Data provided directly by the Customer, either at the time of requesting the Service through the completion of the forms provided for this purpose as those provided throughout the contractual relationship through various means such as, for example, claims or requests for information filed with the Customer Service. The Client is responsible for its veracity and updating.
• Data obtained from sources other than the Customer himself:Data obtained from sources other than the Customer, either by having his consent or by any other legal authorization (legitimate interest, compliance with a legal obligation...). These sources are:
  • Sources accessible to the public.
  • Public Administration Agencies (e.g., General Treasury of the Social Security (TGSS), State Agency of Tax Administration (AEAT), etc.) or Judicial.
  • Common credit information systems (e.g., BADEXGUG, ASNEF, Fichero de Incidencias Judiciales, etc.).
  • Identity protection or fraudulent data detection files (e.g., the file provided by the Hunter System).
  • Information provided by other telecommunications companies in portability processes.
    • Data derived from the development of the relationship: Data provided indirectly by the Client as a result of the provision of the contracted Service and the maintenance of this activity. This category includes traffic data, the history of payments or contracted products, navigation data through the public Web Page or access to the private area or others of a similar nature.
    • Data inferred by the OPERATOR: Data inferred by the OPERATOR through the study of the Customer's data either by applying mathematical algorithms or its know-how. This category includes data such as the results of Customer profiling activities according to the various criteria that the entity may use, such as, for example, their relationship, seniority, the use they make of the contracted Services...
    • Data obtained from third parties:In case you give your consent, data provided by third parties such as geomarketing companies, RRSS, Cadastre, Land Registry, other telecommunications companies, the CNMC or other companies that may collaborate with this body for compliance with telecommunications regulations, companies that provide information on the economic activities of freelancers or professionals...

7.4 To whom do we disclose your data?

The personal data processed by the OPERATOR to achieve the purposes detailed above may be communicated to the following recipients depending on the legitimate basis for the communication. By virtue of the above, the following table details the communications envisaged and the legitimate basis for the communication:

7.5 How long will we keep your data?

The personal data will be kept for as long as the contractual relationship with the Customer is maintained and thereafter, for a maximum period of 5 years, if you have given your consent. Once the contractual relationship has ended (or, if applicable, once the 5-year period has elapsed), the data will be deleted in accordance with the provisions of the data protection regulations, which implies its blocking, being available only at the request of Judges and Courts, the Public Prosecutor's Office or the competent Public Administrations during the period of limitation of the actions that may arise and, after this, its complete deletion.

In any case, if at the end of the contractual relationship there were pending litigation arising from the exercise of actions challenging the invoice or aimed at achieving the collection of the same, the data may be retained during the processing of the same, until a final resolution (date on which will proceed to its blocking and subsequent deletion), although they may only be used for evidentiary purposes.

7.6 What are your rights?

Our data protection regulations give you a number of rights in relation to the processing of data involving our Services which can be summarized as follows:

• Right of access: To know what type of data we are processing and the characteristics of the processing we are carrying out.
• Right of rectification: To be able to request the modification of your data for being inaccurate or not truthful.
• Right of portability: To be able to obtain a copy in an interoperable format of the data being processed.
• The right to the limitation of the treatment in the cases included in the Law.
• Right of erasure: Request the erasure of your data when the processing is no longer necessary.
• Right of opposition: To request the cessation of the sending of commercial communications in the terms indicated above.
• Right to revoke the consent given, being your request processed within approximately 10 days.
• Right to file a complaint with the supervisory authority (in Spain the AEPD).

Puede ejercitar sus derechos mediante correo postal a la dirección Avenida de Bruselas, 38, 28108 Alcobendas (Madrid) o mediante correo electrónico a la dirección: hola@MasMovil.com indicando el derecho a ejercitar y acompañando la documentación requerida. En la Página Web de la AEPD puede encontrar una serie de modelos que le ayudarán en el ejercicio de sus derechos.

8. Causes for suspension of service

The OPERATOR may suspend the contracted Service in the following cases:

• When the Client has not met its payment obligations or has exhausted its balance and/or exceeded its credit limit.
• If the Customer provides the OPERATOR with personal data that are not truthful, are deliberately incorrect or the identity of a third party is usurped.
• When the Customer makes irregular or fraudulent use of the Service.
• When the Customer has fraudulently used a means of payment or there is a reasonable risk of fraud.

In any of these cases, the OPERATOR will contact the Customer, prior to the suspension of the Service, to inform him/her of the existence of a breach of the GTC.

The OPERATOR may temporarily suspend the Services in case of total or partial delay by the Customer in the payment of the Services, from the date the OPERATOR becomes aware of such circumstance, prior notice of 48 hours to the Customer in which he/she will be informed of the date from which the suspension will be carried out, and it may not be carried out on a non-business day. Notwithstanding the foregoing, in the case of the Fixed Telephone Service, in the event of total or partial delay by the Customer in the payment of invoices for a period of more than (1) one month from their presentation, it may give rise, prior notice to the Customer of fifteen (15) days, to the temporary suspension of the contracted Services in which the Customer will be informed of the date from which the suspension will be carried out, and it may not be carried out on a non-business day.

Suspension will only affect Services for which payment is in arrears. The suspension of the Service does not exempt the Customer from the obligation to continue with the payment of the monthly fees. 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 collect calls and those of the Mobile Telephone Service when abroad. The OPERATOR shall reestablish the suspended Service within the working day following the day in which it is aware that the amount due has been paid in full.

In the event of temporary suspension, if the Customer has filed a claim before the Consumer Arbitration Boards, in the case of submission of the OPERATOR to them, or before the Secretary of State for Telecommunications and Information Society, the OPERATOR shall not suspend or interrupt the Service while the claim is being substantiated and the Customer reliably consigns the amount owed, delivering the corresponding receipt to the OPERATOR.

The reconnection of the Services shall be carried out according to the conditions in force at that time, and the current fee for this concept shall be paid. During the suspension period, the OPERATOR may remove the leased equipment from the Customer's address.

The Customer may formally request, fifteen (15) days prior to the desired effective date, the temporary suspension of the Fixed Telephony Service by means of a communication addressed to the Customer Service Department. The duration of the suspension shall not be less than one (1) month nor more than three (3) months. The suspension period shall not exceed ninety (90) days per calendar year. In these cases, the OPERATOR will deduct from the Customer's subscription fee, fifty percent (50%) of the proportional amount corresponding to the affected time.

The delay in the total or partial payment of the OPERATOR's invoices for more than three (3) months or the temporary suspension of the Services on two occasions, due to late payment, shall entitle the OPERATOR to the definitive interruption of the Services and the corresponding termination of the Contract.

In any case, the Service may be interrupted in accordance with the regulations in force when there is a deficiency caused by the Customer that affects the integrity or security of the Network or the provision of Services to other Customers. This measure will cease when the Customer disconnects and informs the OPERATOR of the disconnection of the equipment that is the object of the deficiency.

The OPERATOR may occasionally interrupt the Services in order to carry out improvement works, repair works, equipment changes or for similar reasons, although such interruptions shall be as short as possible and shall be carried out, preferably and whenever possible, during hours of minimum consumption. The Customer accepts the need to consent to such interruptions and that the OPERATOR shall not be obliged to compensate him/her except for the amount of the indemnities foreseen in the section "OPERATOR's Liability" of this Agreement, which may correspond.

9. Duration and termination

This Contract is constituted for an indefinite period of time. The OPERATOR has the right to terminate the Contract for the general causes of termination of contracts and for the causes mentioned in the GTC. The termination of the OPERATOR's authorization to provide the Service when it determines the impossibility to continue providing the Service shall be cause for automatic termination of this Agreement at the request of the OPERATOR, without in this case any right of indemnification in favor of the Customer.

For its part, the Customer has the right to terminate the Contract at any time by sending a notice of termination, a model of which can be found on our Web Page, accompanied by a copy of the national identity card or equivalent identification document, to the Customer Service Department at least two working days before the day on which the Customer wishes the cancellation of the Service to become effective.

The Contract shall be terminated, with the consequent definitive interruption of the Service, for the general causes admitted in Law and especially for the following:

• Client's decision.
• Serious breach of the obligations arising 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 exceeding three (3) months or the temporary suspension of the Contract on two occasions for delay in payment in accordance with the provisions of these GTC.
• Unauthorized, unlawful, 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 Customer must return the devices and/or terminals owned by the OPERATOR.

In application of the obligations imposed on the OPERATOR as Telecommunications Operator in accordance with Law 25/2007, on the conservation of data relating to electronic communications and public communications networks, the OPERATOR 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 Customer is found to be false, incorrect or incomplete.

In the event that the Customer does not request to keep the numbering, the termination of the Agreement for any reason may result in the loss of the assigned numbering within one month from the date of termination of the Agreement.

10. Modification of the GCC

The OPERATOR may modify these GTC, as well as the rates in force at any time, by notifying the Customer affected by the modification at least one (1) month prior to the date of its entry into force, which shall be expressly indicated. If the Customer does not accept the new conditions and so notifies the OPERATOR, he/she may terminate the Contract in advance and without any penalty. If, after one (1) month from the notification by the OPERATOR, the Customer has not expressly expressed his disagreement, or will continue using the Service after the announced modification comes into force, it will be understood that he accepts the proposed modifications.

11. Changes of address, telephone number or owner.

The Customer may request a change of address where he/she receives the contracted Services through the Customer Service Department. If for technical reasons the OPERATOR is unable to provide the Services at the new address, the Customer may terminate the Contract in advance and without any penalty.

If the change of address is technically possible, the Customer shall only be charged the applicable change of address fee.

In the case of rental of telephony and/or Internet devices, the Customer must move the equipment associated with these Services to the new address under his responsibility. When it is necessary to change the Customer's mobile or landline telephone number, either for technical reasons or because it is required by the regulations in force, the OPERATOR will inform the Customer of such change and the reasons for it with a notice period of three (3) months in the case of landline telephony, informing the Customer of the new number that will be assigned to him/her, and the Customer will not be entitled to any compensation for this reason. Notwithstanding the foregoing, the OPERATOR shall take the appropriate measures so that the Customer may keep his telephone number when changing the operator in accordance with the regulations and conditions that regulate it. In addition, the Customer may request a change of telephone number at any time.

In case of change of holder, both the current and the new holder declare that all the data provided to the OPERATOR's Customer Service are correct and that they have read, know and accept in their entirety the present GTC. The date of change of the new payment responsibility will be the day after the confirmation of the change of holder by the OPERATOR, which will happen once it has received the necessary documentation duly completed. Notwithstanding the above, the change of ownership does not exonerate the current owner from the payment of the amounts accrued up to the date of the change.

12. Assignment

The OPERATOR 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 requiring the express consent of the Customer, notifying the Customer at least one (1) month in advance. The Customer who does not wish to accept such assignment may terminate the Agreement in advance and without penalty.

13. Nullity

The declaration of nullity, ineffectiveness or invalidity of any of these GTC shall not affect the validity of the remaining conditions, which shall remain in force and binding on the parties.

14. Applicable Law and Jurisdiction

The legislation applicable to the relationship between the parties is Spanish law, the competent forum being the one determined in each case by the regulations on consumer and user protection in the event that the Client is a 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 disputes arising from the interpretation or application of these Terms and Conditions.

SPECIFIC CONDITIONS FOR FIXED TELEPHONY AND BROADBAND INTERNET ACCESS SERVICES

1. Purpose

These specific conditions are only applicable in case of contracting the Fixed Telephony Service and Broadband Internet Access, either independently or in convergent mode with other Services.

2. Installation and activation of the line

The conditions for installation and activation of the Service will depend on whether the Service is provided over an ADSL or Fiber Optic line. The OPERATOR will provide access to the Service over Optical Fiber only in those places where it has adequate infrastructure for this purpose. You may consult the coverage areas in our Web Page or at the Customer Service Department.

2.1 ADSL

The installation of the Services over an ADSL line requires actions such as the unbundling of the subscriber loop, installation of devices and/or portability, if applicable. The Customer will allow, when necessary, for the correct provision of the Service, the persons designated by the OPERATOR to access the Customer's property.

The Customer declares that it 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, if applicable, that its pair of wires (also called "loop") be accessed by the OPERATOR or the companies of the MASMOVIL Group (any of them, hereinafter, "the OPERATOR") in the modality of fully unbundled access or in the modality of indirect access. The OPERATOR 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 (NTP).
• Installation of an ADSL/Wifi modem.
• Connection of the installed equipment with a maximum of 1.5 meters.

Likewise, the Customer declares that it has been informed of the characteristics of the provision of the OPERATOR's Services and that this implies the automatic cancellation of all the Services contracted by the Customer with its access operator in relation to said loop, including, if applicable, Centrex Services, virtual private network, hop group, trunk line and any other Service that implies association with the loop.

The Customer authorizes the OPERATOR to carry out on its behalf as many actions as necessary to access its peers, or to carry out as many actions as necessary on the Customer's line to provide the Broadband Internet Access Service. In the event that the Customer does not coincide with the holder of the lines, he/she expressly declares that he/she has obtained the aforementioned authorization.

The OPERATOR will initiate the unbundling procedure, if applicable, of the line indicated by the Customer, provided that there is a guarantee of being able to offer the Service in adequate quality on this line. If there is no such guarantee, the OPERATOR will install or request a new pair at the Customer's address. For these purposes, the Customer expressly authorizes the OPERATOR to register a new line, in the Customer's name, at the Customer's address.

Once it is possible to provide the Service on the line, the OPERATOR will port, if applicable, the Customer's numbering in accordance with the portability request signed by the Customer in this Agreement.

In case of change of holder, both the current and the new holder declare that all the data provided to the OPERATOR's Customer Service are correct and that they have read, know and accept in their entirety the present GTC. The date of change of the new payment responsibility will be the day after the confirmation of the change of holder by the OPERATOR, which will happen once it has received the necessary documentation duly completed. Notwithstanding the above, the change of ownership does not exonerate the current owner from the payment of the amounts accrued up to the date of the change.

2.2 Fiber Optics

If the Customer does not have the necessary installation for the provision of the Service, it is necessary that the OPERATOR or another company acting on its behalf, carries out the installation of the Service at the Customer's address. For this purpose, after the signature of these General and Specific Conditions, a technician from the OPERATOR or from an external company authorized by the OPERATOR, will go to the Customer's address on the date agreed with the Customer. The Customer expressly authorizes the OPERATOR and the technicians appointed by the latter to have access to the Customer's home and to the installations and equipment necessary for the correct installation. This authorization is extended 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, in its case, at the moment of the removal of the Equipment.

The Customer will have to provide the technician with the entrance to the location of the building where the access for the Fiber Optic is located in case the same has been deployed in its interiors.

The OPERATOR shall carry out the following actions for the installation of the Service:

• Connection of the external fiber optic cable to the Customer's building network.
• Cable laying inside the building or through the façade to the Customer's home.
• Installation of an Optical network termination point at the Customer's home.
• Installation of a Wifi ONT Router at the Customer's home.
• Connection of the installed equipment with a maximum of 1.5 meters.

The OPERATOR may modify the elements to be installed or the actions to be performed for the installation, according to the needs of the Service at any given time.

The Customer acknowledges that he/she has 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 Customer may have previously contracted with the OPERATOR or with another operator. The Customer may keep its previous ADSL/Internet Access Service, if any, and the associated Services. In this same case, the cancellation of the Customer's ADSL/Internet Access Service with its previous operator is the Customer's responsibility. In the event that the Customer wishes to cancel such cancellation, he/she must contact his/her previous operator.

In the case of installation and activation of the ADSL Service as well as in the case of Fiber Optic Service, the Customer declares that it has the permits and licenses of third parties that, if applicable, are necessary for the installation and provision of the Service, and the OPERATOR shall be exempt from any liability with respect to such third parties.

The non-acceptance by the Customer of the basic installation to be carried out by the OPERATOR shall entitle the latter to terminate this Agreement immediately, proceeding in any case to invoice the Customer for those expenses that have been generated up to the date of termination of the Agreement.

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 Customer will depend on the Particular Conditions of each tariff. In case of not consuming the minimum monthly amount corresponding to the tariff, the OPERATOR will bill the Customer for that amount or, if applicable, the remaining amount until it is reached.

Certain tariffs may have a fixed monthly fee. The existence of such a fee will be informed in the Particular Conditions applicable to each tariff prior to contracting. Said fixed fee will accrue at the beginning of each billing period. In case of cancellation once the billing period has started, the Customer will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the billing period until the date of cancellation. The OPERATOR may require the constitution of guarantee deposits, at the moment of contracting the Fixed Telephone Service or during the term of the Contract when:

• The Customer has left one or several bills unpaid, as long as the delinquency persists.
• Debts have been contracted for other Subscription Contract(s), whether in force or not, or are repeatedly in arrears in the payment of bills. The deposit may be constituted in cash or by bank guarantee at the Customer's choice.

The deposits will not be remunerated. The OPERATOR will request the constitution of the deposit by a means that leaves evidence of its receipt, granting a term of no less than fifteen (15) days for its constitution or for the payment of the pending amounts. If the deposit is not constituted, the OPERATOR may reject the registration request, suspend the Service and terminate the Customer if the deposit is not constituted after ten (10) days from the second request. The deposits requested will be for an amount never higher than the estimated average of three months of consumption per Service. Deposits will be refunded in the event:

• As soon as the OPERATOR has proof of the full payment of the amounts due.
• When it is proven that there has been no delay in payment for one year.

If the Customer with outstanding debts cancels or requests a change of ownership of his Service, the OPERATOR may execute the guarantee for the total amount of the debt contracted, leaving the remainder at the disposal of the Customer. If the Customer has paid all the bills, the deposit will be returned in full. The term of return will be of fifteen (15) days from the following one to that in which the circumstances gathered previously are fulfilled.

4. Broadband Internet Access Service

The Customer declares that he/she has been informed in detail of 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 may in turn affect the Fixed Telephone Service, causing in such case the cancellation of the latter Service.

The Customer is also informed that the provision of the Service may imply incompatibilities with Services based on modems or alarms, switchboards, elevator lines and remote assistance Services and, in general, with any Service provided over a traditional telephone line. The OPERATOR does not guarantee the operation of the mentioned Services that were installed prior to the activation of the Broadband Internet Access Service.

When the Service is provided over ADSL, the Customer acknowledges that the OPERATOR cannot guarantee that the contracted speed will be available in all cases, since the distance to the exchange, the quality of the line and possible interferences may imply a decrease of the mentioned speed. the OPERATOR will make its best efforts so that the Customer has the maximum speed technically possible of the contracted ADSL Service.

In general, whether the Service is provided over ADSL or over Optical Fiber, the contracted speed will be enjoyed using the Ethernet cable connection between the equipment provided and the Customer's terminal. This speed may be limited by the capabilities of the device used by the Customer to connect to the Service.

When using other means of connection such as Wi-Fi or others, the speed on the Customer's device may be limited by the characteristics of such means of connection. In the case of Wi-Fi, factors beyond the OPERATOR'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, outdoor or indoor use, or other factors, may cause a decrease in the final speed enjoyed by the Customer.

In addition to the aforementioned factors beyond the OPERATOR's control that may cause a decrease in the speed to be enjoyed by the Customer, it is possible that this speed may be limited in the event of maintenance operations carried out by the OPERATOR or in the event of Service interruptions.

5. Fixed Telephone Service

In the event that the Customer contracts the Fixed Telephone Service, this will be provided over the line associated to the ADSL Service or over 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 may in turn affect the Broadband Internet Access Service, causing in such case the cancellation of the latter Service.

The Telephone Service, with voice over IP technology, allows the Customer to receive calls to the number associated with its line on its fixed terminal. It also allows the Customer to make calls from the same line.

In the case of providing the Service over the Fiber Optic line, the Customer may keep its previous Telephone Service, if any, and the associated Services. In this case, the Customer's cancellation of the Telephone Service with its previous operator is the Customer's responsibility. In the event that the Customer wishes to unsubscribe, he/she must contact his/her previous operator.

In order to enjoy this Service, the Customer authorizes the OPERATOR to carry out any actions in the network that may be necessary to guarantee the reception of calls destined to its geographic numbering.

6. Activation of Landline Telephone Service and Broadband Internet Access

The OPERATOR will activate the Fixed Telephone and Broadband Internet Services within a maximum period of thirty (30) calendar days from the acceptance by the Customer of these GTC. The activation of the above mentioned Services will take place the same day the OPERATOR finishes the installation at the Customer's address in a satisfactory way or once the suitability of the pre-existing installation has been verified.

This activation period is called initial connection supply time, for the purposes of the current quality obligations to which the OPERATOR is subject. The non-fulfillment of the above mentioned initial connection supply time commitment by the OPERATOR will imply a compensation to the Customer 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 the OPERATOR to provide the Service, or the physical inaccessibility of the cable installation to the connection point of the Customer's home or other circumstances not attributable to the OPERATOR for which the OPERATOR could not provide the Service, such as force majeure or other causes attributable to the Customer, no right to any indemnity shall arise in favor of the Customer.

The OPERATOR undertakes to provide the contracted Services in accordance with the quality commitments required by the applicable regulations in force.

7. Emergency Services

The OPERATOR provides the Customer with free access to the Emergency Services, as well as information on the location of the person making the call, depending on the capacity of the systems of the Autonomous Community in which the Customer is at the moment of calling the referred Services.

8. Subscriber guides

If the Customer requests that its data be included in the subscriber directories by ticking the corresponding box, the OPERATOR shall communicate the data indicated by the Customer to the National Commission of Markets and Competition so that the latter may make them available to the entities that prepare the directories and/or provide Information Services.

9. Equipment and terminals

The OPERATOR shall deliver to the Customer or install at the Customer's address, in case the Customer does not have the necessary installation for the provision of the Service, the following equipment (for the purposes of these GTC, the Equipment):

• ONT / Wifi Router (in case of Fiber Optic).
• ADSL/Wifi modem (in case of ADSL).
• If necessary, a network termination point (NTP) in ADSL installations.
• An optical network termination point (ORP) in fiber installations.
• Wiring with the limits described in these GCC.
• Any other equipment, peripheral or device delivered by the OPERATOR to the Customer for the proper provision of the Services.

The technical characteristics of the Equipment that the OPERATOR delivers and installs to provide the Service to the Customer may be subject to change. The Customer will be informed of possible changes through our Web Page and through Customer Service.

The OPERATOR will configure or provide instructions for the configuration of the Equipment provided to the Customer. Unless there is no opposition from the Customer, the OPERATOR may create a second independent channel in the Equipment through which the Service is provided, at no cost and without 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 decrease the speed contracted by the Customer for its Broadband Internet Access Service. The Customer may deactivate this sharing at any time through the OPERATOR's Customer Service.

The OPERATOR assigns the Equipment to the Customer on a lease/rental basis, unless otherwise expressly indicated by the OPERATOR. The Customer is responsible for the proper use of the Equipment, as well as for not tampering with it.

The OPERATOR shall be in charge of the maintenance of the transferred Equipment, as well as its replacement in case of failure. The Customer undertakes to return the Equipment to the OPERATOR in a state of use and conservation suitable for its correct use, upon request of the OPERATOR, at any time and in any case, within one (1) month after the termination of the Service.

If the Customer does not return the Equipment within such term, the OPERATOR shall apply the penalty specified on the face of the Contract.

If the OPERATOR delivers any type of software or any self-installable Equipment or Terminal, the Customer must follow the installation instructions provided by the OPERATOR. The OPERATOR does not offer any guarantee, either explicit or implicit, on the installation assistance software provided, nor is the OPERATOR responsible for any damage or alteration that, due to its execution, may be caused to the Customer's computer system (configuration, software and/or hardware) or to the electronic documents and files stored in its computer system.

10. Terminal warranty and after-sales service

Notwithstanding the above, if there are Terminals or Equipment associated to the Contract that are purchased by the Customer from the OPERATOR or from a third party with whom the OPERATOR has reached an agreement in this respect, such equipment has a legal warranty period from its purchase, delivery or installation date, accredited with the corresponding invoice or delivery note. the OPERATOR offers in such cases an after-sales Service to process the repairs with an official Technical Assistance Service recognized by the manufacturer of the mentioned Equipment. The above mentioned guarantee will not be applicable 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 the OPERATOR.
• If the cause of the non-conformity is due to incorrect installation by the Customer or improper handling or with non-original items/accessories from the manufacturer.

11. Maintenance

The OPERATOR will repair the breakdowns that occur in all the Equipment transferred and related to the provision of the Service that had been provided by the OPERATOR, assuming the cost of the same as long as they had been produced by causes not attributable to the Customer. In case the Customer detects a breakdown in the Equipment or a malfunction of the Service, he/she should contact the OPERATOR's Technical Support Service by calling the Customer Service Department. The OPERATOR will use the means it deems necessary at any time to solve the incident.

SPECIFIC CONDITIONS OF THE MOBILE TELEPHONY SERVICE

1. Purpose

These Specific Conditions are only applicable in case of contracting the Mobile Telephony Service either independently or in convergent mode with other Services.

Installation and activation of the line

The Customer shall have a period of 60 days from the date of purchase or receipt of the SIM Card to activate it. Once this period has elapsed without the Card having been activated or used, the OPERATOR may cancel it. In this case, the Customer shall have the right to recover the amount paid for the SIM Card, upon request to the Customer Service Department.

The OPERATOR shall have in this case, as well as in the case of cancellation of the registration by the Customer, the right to charge the management fees corresponding to the sending of the Card, without prejudice to the provisions of the clause dedicated to the right of withdrawal when applicable. The applicable handling fees, if any, will be communicated to the Customer in the Particular Conditions of the contracted Services.

Fees, billing and payments

Mobile Telephony Service rates may have associated minimum consumption or fixed monthly fees.

The minimum monthly consumption to be made by the Customer will depend on the Particular Conditions of each tariff. If the Customer does not consume the minimum amount corresponding to his tariff, the OPERATOR will invoice him or deduct from his balance each month that amount or, if applicable, the amount remaining until it is reached.

Certain tariffs may have a fixed monthly fee, which will be disclosed in the Particular Conditions of each tariff prior to contracting. Said fixed fee will accrue at the beginning of each billing period. In case of cancellation once the billing period has started, the Customer will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the billing period until the date of cancellation. Certain actions of the OPERATOR, about which information will be provided prior to their execution, may imply the charge of additional amounts.

In order to guarantee the correct billing of the data Services in mobile mode, the OPERATOR may restore the connection of this Service every 2 hours of continuous connection. The restoration of the Service consists in the automatic restart of the data session.

The contracting of Mobile Telephony Services in postpaid mode shall be governed in accordance with the provisions of these General and Specific Contracting Conditions.

3.1 Prepaid or Contract without direct debit option

The Customer who has chosen to contract the Service in prepaid mode may recharge the balance of his/her Card through any of the means of payment offered by the OPERATOR, such as debit or credit cards, recharge cards or in any of the establishments adhered and identified with our logo.

You may also request that recharges be made automatically upon reaching a certain date or predetermined balance. In this case, the recharges will be made against the credit or debit card provided by the Customer for this purpose.

If the balance on the Card becomes negative, the amount of the next reload will be used, in whole or in part, to offset such negative balance. The Customer is obligated to replenish all amounts corresponding to negative balances from the date on which such negative balances occurred.

If the Customer maintains a negative balance on his/her line, even when the Service has been terminated, the OPERATOR will settle the amount owed by means of an additional charge through any of the means of payment registered by the Customer to make his/her recharges.

The maintenance of a negative balance will imply the obligation for the Client to pay a late payment interest equal to the legal interest of the money, as well as the expenses caused by the management of the debit balance, which may amount to twenty (20) Euros (VAT included), and without prejudice to the other consequences that may derive from its non-compliance, among others, the inclusion in files of patrimonial solvency and credit.

The Customer will be able to consult his consumption details and charges through his personal online area in our Web Page.

3.2 Monthly subscription option

If the Customer has chosen to contract the Mobile Telephone Service of the OPERATOR in this modality, the fixed concepts associated to his SIM Card, such as fees or bonuses, will be paid in their entirety with a charge to his available balance at the beginning of the billing period. The balance will be automatically recharged by monthly debit or credit 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, in addition to the monthly fee and at his/her choice, the recharge of the balance for a minimum amount of 10 Euros or for higher amounts in multiples of 10 Euros.

In order to contract the OPERATOR's Services in this model, it is an essential condition that the Client has a bank card suitable for electronic commerce and that allows a security check to be carried out.

The fees or bonuses associated with this type of contract are valid for one calendar month from the first day of the month to the last day of the month, both inclusive. In case of contracting the Service after the beginning of the reference month, the fees or bonuses will have an extension and price proportional to the remaining days from the contracting date to the last day of that month.

Once the minutes of calls included in the installments or bonuses have been consumed, and any balance that may exist has been used up, the Call Forwarding Service will be suspended, except for toll free and emergency numbers, until the first day of the following month after the corresponding amounts have been charged to the card or, if applicable, until the extension of the Services in the month of reference. The Incoming Call Service will not be affected by this circumstance except in the event that the incoming call carries associated costs (such as interconnection costs or collect calls).

Consumption outside the fixed items charged in advance will be charged to the balance available at that time. In the event that an extension of the Services associated with the fixed fees is required, the Customer may request it through his/her personal area or by express request to the Customer Service Department. The cost of the extension of the Services will be charged to the Customer's bank card at the time of confirmation of the request.

In the event of termination of the Service, the OPERATOR will reimburse the unconsumed balance to the bank card associated to the Customer.

The amount of fees and bonuses do not include the making or receiving of calls or traffic from abroad (Roaming Service) or calls to Premium Rate Services. Access to these Services will require the existence of a credit balance or the extension of the Service.

As in the case of direct debit contracting, at any time and/or exceptionally, the OPERATOR may, in order to guarantee the fulfillment of the Customer's obligations, request guarantees in the same cases provided for in the GTC.

4. Coverage

The OPERATOR shall provide the Service exclusively in the coverage areas of the national territory in which it is implemented. The OPERATOR undertakes to provide the Service within the coverage limits and the state of the technology. In any case, the OPERATOR shall not be responsible for interruptions or malfunctioning of the Service caused by orographic and/or atmospheric conditions that prevent or make it impossible to provide the Service.

5. Identification obligations in the case of monthly subscription contracts

In order to contract the Service in this modality, it is a necessary condition to follow an identification and contracting process. The personal data provided during the identification process will be treated according to the terms provided in the GTC.

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 web and a photograph of your ID card 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 failure in the verification of data will result in 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 service suspension

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 when you are making collect calls) and SMS.

Once the aforementioned period of 30 days has elapsed without the cause of the suspension having ceased, the reception of calls and SMS will also be blocked. Once 90 days have elapsed from the date of the suspension without the cause having ceased, the SIM Card will be permanently blocked by the OPERATOR, and the Contract with the OPERATOR will be definitively terminated with respect to this Service.

The OPERATOR may unilaterally terminate the Contract in relation to this Service when it considers that the Mobile Telephone Service object of the same is inactive. The Service shall be considered inactive when 4 consecutive months have elapsed without any billable service consumption.

The OPERATOR reserves the right to claim from the Client the amount of the eventual negative balance, plus the interests and expenses derived from the claim.

Until permanent blocking, it is possible to pay outstanding invoices, top up credit and make emergency calls to 112, as well as to call Customer Service at 2373.

SPECIAL CONDITIONS OF PERMANENCE

In the event of purchase or transfer / lease of Equipment or Terminals on subsidized or advantageous terms for the Customer, whether or not such purchase or transfer is linked to a specific price plan and/or to the application of certain discounts, as well as in the event of the application of certain discounts on the price of the Services, the Customer undertakes to remain registered in this Agreement, for the term and under the conditions detailed on the face of the Agreement, from the date of signature. In the event that the Customer terminates the Contract early for any reason, does not pay the OPERATOR the amounts owed and this leads to the definitive interruption of the Service, breaches the Contract, makes unlawful use of the Service or changes the contracted price plan for another one with a consumption commitment or with a lower quota, the Customer will have to pay the OPERATOR the amount owed to the OPERATOR, shall pay to the OPERATOR the corresponding amount according to the acquired commitment, as well as the time remaining to fulfill it, and up to the maximum amount detailed in the cover page (indirect taxes not included), all this as compensation for the fact of not responding according to what was agreed and in attention to the benefits previously received. In the event that the OPERATOR is unable to provide the Service due to technical reasons beyond the Customer's control, the latter shall return the Equipment and Terminals delivered by the OPERATOR within fifteen days from the communication by the OPERATOR to the Customer of the impossibility to provide the Service. The return of the Equipment and Terminals shall be carried out by the Customer in the same way in which the initial delivery of the Equipment and Terminals took place. In the event that the Customer does not return the Equipment and Terminals within the indicated term, he/she shall pay the OPERATOR the amount detailed on the cover page.

If during the term of the indicated permanence period, the Customer requests a change of address to a geographical area where the OPERATOR cannot provide the Service due to technical reasons, the Customer shall pay the OPERATOR the corresponding amount according to both the commitment acquired and the time remaining to fulfill the commitment, and up to the maximum amount detailed on the cover page (indirect taxes not included), all this as compensation for the fact of not responding as agreed and in consideration of the benefits previously received.

RIGHT OF WITHDRAWAL. ONLY APPLICABLE IN CASE OF DISTANCE OR OFF-PREMISE CONTRACTING.

The Customer has the right to withdraw from this Agreement within 14 calendar days from the date of conclusion of the Agreement. In case of registration in the OPERATOR with portability from another operator of origin, we inform that the exercise of the right of withdrawal will not imply the automatic return to the operator of origin, being necessary for the Customer to manage a new portability with its operator of origin for this purpose.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the Contract by means of an unequivocal statement (for example, a letter sent by post or by e-mail) adding the "Order No.". For this purpose, you may use the model withdrawal form available at: https://MasMovil.es/es/resources/files/ form-right-of-withdrawal.pdf, although its use is not mandatory.

You may send the communication exercising your right of withdrawal by e-mail to hola@MasMovil.com or to the following postal address: MASMOVIL, Avenida de Bruselas, 38, 28108 Alcobendas (Madrid).

You may send the communication exercising your right of withdrawal by e-mail to hola@MasMovil.com or to the following postal address: MASMOVIL, Avenida de Bruselas, 38, 28108 Alcobendas (Madrid).

The exercise of the Right of Withdrawal will entail the obligation to return the Equipment or Terminals delivered by the OPERATOR for the provision of the Service in its original packaging, in perfect condition, including all its accessories and preparation. Only those products that do not show signs of being damaged will be accepted for return. The Customer shall be responsible for any diminished value of the products to be returned resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products to be returned. For greater security, the Customer may insert the withdrawal document in the package duly completed and signed.

As a consequence of the exercise of the Right of Withdrawal, the Customer must return or deliver directly the products (Terminals or Devices) to the address indicated in this section, without any undue delay and, in any case, at the latest within 14 calendar days from the date on which he/she communicates to the OPERATOR his/her decision to withdraw from the Contract. Likewise, you must assume the direct cost of returning the products provided by the OPERATOR. 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 the return of the products, depending on which condition is met first.

In case of withdrawal, the OPERATOR shall return to the Customer all payments received no later than 14 calendar days from the date on which the Customer informs the OPERATOR of his withdrawal.

In case of cancellation, the OPERATOR having installed and/or activated the Service at the express request of the Customer during the period in which this right may be exercised and before the Customer has exercised it, the OPERATOR shall be entitled to charge the cost of the installation and consumption made up to that moment and proportionally the fees foreseen in the General and Particular Conditions of each tariff incurred by the Customer.

If the Customer withdraws from the Contract and the price to be paid had been totally or partially financed by means of a credit (either by the OPERATOR or by a third party after agreement with the OPERATOR), such withdrawal shall imply at the same time the termination of the credit without penalty.

Should the Customer enjoy a commercially discontinued Service provision with the OPERATOR and contract a new Service under this Agreement, upon withdrawal from this Agreement, it would not be possible to reinstate the original Service provision, however, the OPERATOR will position the Customer in such a way that the Customer will not be prejudiced.

ADDITIONAL CONDITION FOR ROAMING SERVICE

For the use of the Service in another country of the European Economic Area (EEA), the OPERATOR will apply the same rates that apply to its national use as long as the Customer 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 tariff so provide, the OPERATOR may establish a limit on the volume of contracted data beyond which it may apply a surcharge as set forth below.

The Customer undertakes to make reasonable use of the Service in roaming in another EEA country. In order to avoid abusive or anomalous use of the Service, the OPERATOR may observe, for a period of at least 4 months, the objective indicators of consumption and presence. Such indicators may include: exceeding 50% of the contracted data volume 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 SIM Cards.

If the Customer exceeds the established limit on the volume of data to be consumed in another EEA country or commits an abusive or anomalous use of the Service, the DEALER may apply to the Customer, after prior notice, a surcharge that may not exceed the wholesale price in force. Prior to its imposition, the Customer shall have a period of 14 days to provide, if necessary, the actual data on its presence or consumption.

The Customer may contact the OPERATOR, in accordance with the provisions of clause 6, to lodge any claim related to the application of the provisions herein. You can find more detailed information about the terms and conditions of use of the Service in roaming at: https://cdnres.MasMovil.es/assets/files/condiciones-particulares-roaming.pdf

INFORMATION ABOUT THE SPEED OF THE INTERNET ACCESS SERVICE

In connection with the Internet Access Service, the Customer will have available, at all times, on our Web Page, precise information about the minimum, normally available, maximum and announced, downstream and upstream speeds in the case of fixed networks, and the estimated maximum and announced downstream and upstream speeds in the case of mobile networks.