Parlem general purchasing conditions
Xfera Móviles, SAU (XFERA), with registered offices at Avinguda de la Vega, 15, 28108, Alcobendas (Madrid), Spain, and CIF A-82528548, registered in the Mercantile Registry of Madrid in Volume 22,632, Folio 23, Section 8a, Sheet M- 404717, Registration 1st, is a telecommunications operator that offers the services described in the following clause (the “Service” or the “Services”).
These General Conditions of Contract (“CGC”) will govern the relationship between the Customer of the Service (the “Customer”) and XFERA in relation to the Purchased Services.
The reading of the CGC by the Customer is a necessary condition prior to the activation of the Services, and implies full and unreserved acceptance of each and every one of the provisions included in these CGC, which are also published on the Parlem website. www.parlem.com
2. Description of services
Landline Service: The Landline Telephone Service, with voice over IP technology, allows the Customer to receive and make calls on their line, as well as other basic functions and additional associated services.
Mobile Phone Service: This Service includes the provision of the Mobile Phone Call Service and the associated Electronic Communications Services (including the Mobile Internet Access Service) and associated value-added services requested by the Customer. To provide this Service, XFERA will provide the Customer with a SIM card that can be used on any free mobile device. The Service will be provided in the national territory. Outside of this, the Customer may receive the Service requesting the activation of the Mobile Telephone Service completed from abroad, (“Roaming Service” or “Roaming Service”). It is reported that registration in the aforementioned service may involve the collection of special fees for communications received and made abroad in accordance with current regulations at any given time.
Broadband Internet Access Service: This Service includes, regardless of the technology used: (i) Broadband Internet access with 24-hour browsing at the contracted access speed. Due to the technical characteristics of the Service, this is the maximum speed, that is to say, XFERA cannot guarantee at all times the speed of access that the Client has contracted; and (ii) the associated Additional Services.
For Landline and Mobile Telephone Services, if the Customer does not have a number, XFERA will assign one. XFERA's Landline and Mobile Telephone Services include, where applicable, the portability of the telephone number that the Customer had with their previous operator. To do this, the customer must request it by completing the Portability Request, so that the portability of fixed or mobile telephony services can be processed with their previous operator. Portability will be carried out in accordance with the portability processing processes established in the respective Technical Specification document of the Administrative Procedures for the Conservation of Numbering in the event of a change of operator, approved by the National Commission for Markets and Competition.
The Services are offered to you exclusively as an End Customer and for use based on good faith. In particular, with a non-limiting enunciative character, the following is not allowed:
- Use contrary to Spanish law, or that infringes the rights of third parties or the proper use of the Services that are only for personal and private use of the Customer, who will be responsible for controlling access.
- The publication or transmission of any violent, obscene, abusive, illegal, racist, xenophobic or defamatory content.
- The collection and/or use of personal data of other users without their express consent, or in contravention of the provisions of Organic Law 15/1999, on the Protection of Personal Data.
- The resale of traffic or services or their marketing or economic exploitation by any means or system.
- The numbered communication dedicated to the routing of calls, that is to say, the offer, like commercial service, of the diversion of the call towards a number different from the mentioned one.
- The objectively irregular or fraudulent use of the Services, for example for the monitoring of babies or as a walkie-talkie, or the excessive use of the line, with calls lasting more than 1 half hour on average or chained calls to one or several recipients for more than 6 hours; calls made exclusively or mostly to surcharge or value-added services; use of the Services for the sending of unsolicited commercial communications; sending high-volume messages in order to block third-party servers; establishment of unsolicited communications that may be classified as irregular traffic. In particular, the Customer shall not use the Services to send unsolicited or bulk mail (“spam”) or make use of mailing lists to anyone who has not authorized their inclusion in this process.
In these cases, XFERA may terminate the Contract or temporarily block the affected Services until the circumstances of the irregular use of the Service are clarified or the rate is changed, after notifying the Customer. In the latter case, the Customer may terminate the Contract with respect to the specific Service in the terms agreed therein.
3. Rates, billing and payments
The corresponding prices and charges will be applied to the Services according to the rates and other general and/or specific conditions, offers or promotions in force at any given time. Any modification of the rates will be communicated to the Customer by the means that XFERA deems appropriate, so that the Customer is aware of the change and the new rates.
The Customer may consult the rates on our Website at any time. Access to emergency services is free.
The invoice will be monthly and will break down the basic Service and the rest of the Services contracted by concepts invoiced within each Service, including those corresponding to the cases of sale or cession/rental of equipment. If, for technical reasons, it is not possible to invoice the Customer in the month immediately following the accrual, XFERA may issue the invoice in the following months.
Subscription fees will be billed for overdue monthly periods. The measured services will be billed for monthly periods according to the consumption made in the previous month. The aforementioned conditions will be applied without prejudice to the specific contracting conditions of each CGC Service present.
In Landline and Fixed Broadband Internet Services, monthly subscription fees include network maintenance up to the PTRO (Optical Network Termination Point, in the case of fibre optics).
The first invoice will include the registration, activation and, if applicable, installation and/or maintenance fees. Where applicable, they will also contain the price of the equipment purchased and the configuration of the Services, except in the event that payment of this price is deferred or deferred; in this case, the proportional part corresponding to the first month will be included depending on the number of months of deferred payment. Also included will be recurring fees that are applicable from the time the Service is activated within the billed period.
The Customer has the right to choose a means of payment from those commonly used in commercial traffic. If you want to use a means of payment other than direct debit (which is the default means of payment, unless otherwise stated in the particular conditions), you can request it from Customer Service.
The Client's claims due to invoicing do not justify the delay in the payment of the claimed invoices. Invoices not paid when due will report a default interest equal to the legal interest on the money, expenses incurred by the return of the receipt and other administrative expenses, which may amount to a maximum of 20 euros (VAT included), without prejudice to other consequences that may arise from non-compliance, including the inclusion of your data in patrimonial and credit solvency files.
XFERA may use for the collection of the amounts due, if the Customer authorizes it, the data relating to the credit or debit cards provided by the Customer; likewise, XFERA may execute, where appropriate, the deposits, guarantees and/or other guarantees established in the particular conditions for the cases permitted by law.
The Customer expressly agrees, with the acceptance of the CGC, that XFERA may issue the invoices corresponding to the Service in electronic format (Electronic Invoice), and may access it through its online personal area, accessible with the access passwords provided by XFERA at the time of purchase, or by e-mail if requested. The Customer may revoke this consent at any time and shall have the right to request the issuance of paper invoices free of charge. To carry out this revocation, you must notify the Customer Service in writing.
If, at the end of the contractual relationship, regardless of the type of contract, there is a balance in favour of the Customer, they may request a refund. XFERA will be able to deduct the administrative and management expenses that may be reported according to the rates in force at any given time. The Customer will also be entitled to this right of set-off when the balance is in favour of XFERA.
XFERA may, in order to guarantee compliance with the Customer's obligations:
- Request an advance from the Customer, or make an additional charge to your account immediately, for the amounts reported up to
- Request from the Customer a deposit, unpaid, in
- Apply for a bank guarantee, for an amount never higher than the estimated average of three months of consumption per
- Restrict the Customer the services of higher rates, additional pricing and
This type of action may be carried out, among others, in the following cases:
- When the credit limits set are exceeded if applicable.
- When the Service is suspended or interrupted for any of the reasons provided for in these GTC or the resolution
- In case of non-compliance with these GTC by the
- In case of fraud or unauthorized use of the Service according to these
- In case of objective risk of default, understanding as such, for example, the declaration of bankruptcy.
However, for the Landline Service the provisions of the Specific Conditions of this Service of these CGC will apply.
4. Right of disconnection
In the Fixed and Mobile Telephone Services, the Customer may request from XFERA the disconnection of the additional charging services and international calls. To do so, you must contact the Customer Service indicating your willingness to disconnect from the services in question. XFERA will disconnect within a maximum of ten (10) days of receipt of the application. If the disconnection does not occur within the period indicated for reasons not attributable to the Customer, the costs arising from the Service whose disconnection has been requested will be borne by MASMOVIL.
In the event that the Customer wishes to activate or subsequently deactivate this type of service, he must make an express request for activation or subsequent deactivation of the services through the Customer Service, by calling 2377 or sending an email to firstname.lastname@example.org
5. XFERA responsibility and quality of service
In the event of a temporary interruption in the fixed or mobile telephone service, the Customer will be entitled to compensation that will be equal to the greater of the following two:
- The average of the amount invoiced by the Services interrupted during the three (3) months prior to the interruption, prorated by the real time that the temporary interruption of the service affects the seniority of less than three months, the amount of the average invoice in the full monthly payments made or that which would have been obtained in an estimated monthly payment in proportion to the period of actual consumption.
- Five times the monthly subscription fee or equivalent in force at the time of the interruption, prorated by the duration of the interruption.
Services or calls while roaming (Roaming Service) provided abroad by operators other than MÁSMÓVIL are excluded from the scope of responsibility of the Mobile Telephony Service.
XFERA will automatically pay this amount by deducting it from the following invoice, when the amount of the compensation is greater than one (1) euro. If the invoice is not issued due to termination of the Service, the compensation will 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 period not exceeding that of the other subscribers.
If the temporary interruption is due to force majeure, XFERA will limit itself to automatically compensating the Customer with the refund of the amount of the subscription fee and others independent of traffic, prorated by the duration of the interruption.
If there is a temporary interruption of the Broadband Internet Access Service during a billing period, the Customer will be entitled to be compensated with a refund of the amount of the subscription fee and other fixed fees, prorated by the duration of the interruption when the interruption of the Service has been, continuously or discontinuously, more than six hours from 9 am to 11 pm. The compensation will be paid on the next 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 previous paragraphs, XFERA will automatically indemnify the Customer if the interruption affects the area where the address listed in the Customer's contract is located, or in the case of Mobile Telephony Service, it knows that this Customer was in an area affected by the interruption at the time it occurred and cannot be located in another area during the period of the interruption. If the Customer has been affected by an interruption and has not been considered affected in the previous terms, he must notify XFERA, through the Customer Service, within ten (10) days from of the re-establishment of the Service, which has been affected by the interruption of the Service, indicating, in the event of affecting the Mobile Telephony Service, its geographical location at the time of the interruption. This information must not be inconsistent with that contained in the XFERA systems.
Additionally, except for interruptions due to force majeure, XFERA undertakes to offer the following level of quality in the Service: With respect to the interruption time of a Service, a maximum interruption commitment of no more than 48 hours throughout each billing period. If this obligation is not fulfilled, XFERA will compensate the Customer for an amount equal to a monthly fee prorated for the duration of the interruption 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 these Services will be taken into account for compensation purposes.
These indemnities shall be cumulative with those provided for in the preceding paragraphs.
For these purposes, the interruption time of the Service is defined as the sum of the time elapsed from the moment the Service became unavailable, once it has been activated, to the moment when it is unavailable until it has restored normal operation. The account start time will be the first of the following two events: (i) the notification by the Customer of the fault notice, or (ii) the registration by XFERA of the incident causing the total or partial interruption of the Service.
For the purposes of compensation in all the above commitments, the monthly fee of the Broadband Internet Access Service will be considered to be 50% of the total monthly fee in those cases of contracting joint packages of Services in which the price of the total share of the package does not break down the amount attributable to each Service (Telephone Service and Broadband Internet Access Service).
The provisions of the previous sections will not apply when the temporary interruption is due to any of the following causes:
- Serious breach by the Customers of the contractual conditions, especially in case of fraud or delay in payment, which will lead to the application of the temporary suspension and interruption of the Service
- Damage caused to the network, for example due to the connection by the Customer of Terminals whose conformity has not been assessed, in accordance with current regulations;
- Non-compliance with the Code of Conduct by a Customer who provides additional pricing services, when the ownership of the subscription contract corresponds to them.
The Customer in charge of the Service is responsible for all traffic, services used and misuse that is made of it. However, XFERA, with prior identification of the owner of the line and its circumstances, may take the measures at its disposal to avoid damage from the date on which, through the Customer Service, the record is communicated. or suspects the loss, theft or theft of your access codes to the Service or the existence of fraud or, in the case of the Mobile Phone Service, the loss, theft or theft of the SIM Card.
XFERA is not responsible for any damage and/or injury and/or lack of benefits to the Customer or any third party caused directly or indirectly by the lack of provision of the Service or its defective provision for the following reasons: (i) malfunction, defects, failures and / or damage to terminals or devices of the Customer not provided by XFERA, (ii) the loss, alteration and / or total or partial damage to information contained in the terminals or devices of the Customer due to causes not attributable to the Service and (iii) any other not attributable to the non-compliance of the Service or total or partial non-compliance or defective compliance by XFERA.
XFERA is not responsible for any consequences arising from an incorrect configuration of the Client's devices that has not been made by XFERA or of the applications installed by the Client, which are independent and alien in any case to the Service provided by XFERA.
XFERA will adopt the measures and install the technical means required by current regulations at all times, which ensure the secrecy of the content of the signal through the XFERA network, and will be exonerated from any liability that may arise from the obtaining by the Customer or by third parties of recordings of telephone conversations, of their use or publicity and, in general of all the actions or omissions, not imputable to XFERA, that infringe on the secrecy of the telephone communications. The obligations that MÁSMÓVIL has, in any case, in accordance with the legislation applicable at any given time to the interceptions carried out by the agents empowered in compliance with these regulations are out of danger.
XFERA reports that it provides the Telephone Service available to the public, fixed and mobile, with the ease of identification of the source line and the connected line. If the Customer does not wish that his telephone number can be identified by other users, XFERA provides him with means to restrict the identification of the calling line and the connected line. The Customer may have this information available at the Customer Service.
6. Customer service and notifications
XFERA 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 the PC is excluded in any case or device for accessing the Services).
To clarify any questions regarding the price, invoicing, quality or any other issue related to the Services or if you wish to make a complaint, the Customer must contact the Customer Service.
You can also make your inquiries or complaints by calling 2377 free of charge (from a landline or XFERA mobile line) or by post to: Avenida de la Vega, 15, 28108, Alcobendas
(Madrid). Each claim will be assigned a reference number that XFERA will communicate to the Customer. If the claim is made by telephone, the Customer may request a document accrediting its presentation and content. This document will be sent within ten (10) days of the request.
Once the claim has been resolved, XFERA will inform the Customer of the solution adopted through the same means used to file the claim.
Once the claim has been made, if the Customer has not obtained a satisfactory response from XFERA within one (1) month, he may go to the Consumer Arbitration Boards in the event of XFERA's submission to them, or to the Secretariat of 'State of Telecommunications and for the Information Society in accordance with the provisions of current regulations, without prejudice to their right to go to court.
7. Protection of personal information
With regard to the processing of personal data of its customers, XFERA complies with current legislation in Spain and 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 what are exposed.
Then, in compliance with the provisions of the data protection regulations, you are informed about the terms and conditions of the data processing carried out by XFERA.
Who is responsible for the processing of your data?
The person in charge will be the company XFERA MÓVILES, SAU, with NIF: A-82528548 and registered office at Avenida de la Vega, 15, 28108, Alcobendas (Madrid), Spain.
On our website you will be informed about our Data Protection Officer (DPD or DPO) and the means through which you can communicate with this individual.
For what purpose do we process your data and with what legitimacy?
The processing of your data has the following purposes:
Purpose 1: Provision of the Telecommunications Service
This purpose includes different activities that are necessary and inherent in the provision of the telecommunications service, such as:
- The management of portability processes both in cases where XFERA intervenes as the Sending Operator and in those others in which it does so as the Receiving Operator.
- Conducting communication through an electronic communications network and establishing and routing it (including interconnection).
- The provision of the Internet Access Service, in the event that it is within the Services
- The registration of traffic and interconnection data and their use in order to proceed with their invoicing or discount within the balance available for prepaid cards, as well as the extrajudicial and judicial claim in case of non-payment.
Purpose 2: sending advertising on new rates, promotions and improvements of XFERA or the rest of XFERA trademarks applicable to the contracted service or similar.
This purpose includes the use of your personal data to send communications related to the provision, improvement and updating of Services, as well as advertising information on promotions applicable to the Service, new rates or other Services (including added value) that may be of interest to you.
This advertising information will be sent through any channel (text messages, emails, phone calls, postal mail, etc.) and may be generic or personalized, so that, in the latter case, it will be based on the previous treatment of your data with the aim of proceeding to its profiling and posterization, determine tastes, preferences and needs and, based on these, identify the offers that may be more interesting.
At any time, the Customer may object to the sending of new commercial communications and may also make use of this right by post to the address mentioned above, by e-mail to the address email@example.com or through our Customer Service.
Purpose 3: Development of commercial actions on products and services offered by other companies of the MasMovil group
If you give your consent, XFERA may carry out commercial actions with the aim of sending you, through any channel, offers and promotions on other products and services of companies of the MÁSmovil group.
You can consult the list of these companies through our corporate website.
Purpose 4: Development of commercial actions on products and services offered by third party companies belonging to sectors of leisure, culture, insurance, financial services or home care .
If you give your consent, XFERA may carry out commercial actions with the aim of sending you, through any channel, offers and promotions from third-party companies in the sectors of leisure, culture, insurance, financial services and home care.
Purpose 5: Analyse the customer's traffic, billing, navigation and geolocation data by develop commercial actions.
If you give your consent, XFERA will be able to analyse your traffic, billing, navigation and Geolocation data for more information on your tastes, consumption habits
and needs (for example to know the scope and distribution of your data and minutes consumption) to develop commercial actions on products and services of XFERA, of companies of the Group and of other companies pertaining to the indicated sectors.
Purpose 6: Assignment of your data to Group companies
If you give your consent, XFERA will transfer your data to the other companies in the Group with the aim of:
- Being able to share information and, through the study of the aggregated information, to carry out statistical studies that allow to carry out commercial actions of more value for both parts (to identify the propensity of a Client to contract a certain tariff of data under of how others of a similar profile have acted above).
- That the other companies of the Group can get in direct contact with the Customer, through any communication channel, to develop commercial actions on their products or Services.
Purpose 7: To enrich your profile from information provided to us by other third parties
If you give your consent, XFERA will obtain additional information about you through external sources provided by geomarketing companies, RRSS, Cadastre, Property Registry, information on historical portability made by a certain number, etc. All this in order to create profiles through marketing studies and statistical and segmentation techniques and procedures that allow you to introduce improvements and/or adapt or choose the information and offers of products or services that best fit your profile.
Purpose 8: check your ability to pay in patrimonial solvency files and through automatic scoring procedures
XFERA informs you that, in the event that you give your consent, you will be able to check your ability to pay in common files on patrimonial solvency and credit to those responsible for these Services in accordance with current law, as long as they maintain a relationship with the Customer. contractual that involves the payment of a pecuniary amount (e.g., any Contract in postpaid mode) or with the aim of assessing the economic viability of a new contract that involves financing, deferred payment (e.g., the subsidy of a terminal) or periodic billing.
Likewise, as part of the process of assessing the Customer's ability to pay, XFERA may resort to automated scoring system procedures.
Purpose 9: Retain the data once the Contract has ended
In the event that you give your consent, XFERA will retain your data once the contract has ended, for a maximum period of 5 years, with the aim of:
- Develop commercial actions with the aim of sending you, through any channel, offers and promotions on other products and services of XFERA, companies of the MasMovil Group and third parties belonging to the sectors
- To be able to carry out statistical studies that allow to carry out more valuable commercial actions for both parties (for example to develop models of propensity to abandonment).
Purpose 10: verify the accuracy of the data provided by the Customer and fight against fraud
XFERA has an interest in protecting the Customer and the company itself against contract fraud. In this sense, you can verify the accuracy of the data provided by the Customer through CSV codes or similar mechanisms or by requesting confirmation from the issuing bank.
Likewise, in the event of joining the Hunter System, customer data will be incorporated into a file owned by the Spanish Association of Anti-Fraud Companies. The data will be compared with other telephone service application data contained in the Hunter System for the prevention of application fraud, 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 the subject of a more detailed study, and this data will be included as such in the file and may be consulted for the purposes mentioned above, by the entities that adhere to the Hunter system and belong to the following sectors: financial, card issuers, means of payment, telecommunications, renting, insurance, debt purchase, real estate, energy and water supply, periodic invoicing and deferred payment.
The list of entities affiliated to the Hunter System will be accessible on the website of the Spanish Association of Anti-Fraud Companies: www.asociacioncontraelfraude.org
The Customer may exercise his rights of access, rectification, cancellation, opposition, portability or limitation of the processing of his data before the Spanish Association of Companies Against Fraud, by contacting: Apartado de Correos 2054, 28002 (Madrid), by sending a signed application accompanied by a photocopy of your identification document.
Purpose 11: Communicate debt default data to common credit information systems.
In the event that you do not meet your financial obligations to XFERA on time and this results in a certain, overdue and due debt, after a request for payment will proceed to the communication of your identification data and data relating to outstanding debt to entities responsible for common credit information systems (e.g., BADEXGUG, ASNEF, Judicial Incident File, etc.), in accordance with applicable law.
Purpose 12: Statistical information
XFERA will process your personal data, including solvency data, for statistical and historical studies.
What kind of data do we process?
For the purposes set out in the previous section, this is the set of Customer data that we can divide 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 enabled for this purpose or facilitated throughout the contractual relationship through different means such as, for example, claims or requests for information filed with Customer Service. The Customer is responsible for the veracity and updating of this data.
- Data obtained from sources other than the Customer
Data obtained from sources other than the Customer, either with their consent or through any other legal authorization (legitimate interest, compliance with a legal obligation, etc.). These sources are:
- Sources accessible to the public.
- Public Administration Bodies (e.g., General Treasury of the Social Security (TGSS), State Tax Administration Agency (AEAT), etc.) or Judicial.
- Common credit information systems (e.g., BADEXGUG, ASNEF, court incident file, etc.).
- Identity protection files or fraudulent data detection (e.g. , the File provided by the Hunter System).
- Information provided by other telecommunications companies in portability processes.
- Data provided indirectly by the Customer when deriving from the provision of the contracted service:
Data provided indirectly by the Customer when deriving from the provision of the contracted service and the maintenance of this activity. This category includes traffic data, payment history or contracted products, browsing data through the public website or access to the private area or similar.
- Data inferred by XFERA:
Data inferred by XFERA through the study of Customer data, either through the application of mathematical algorithms or their expertise. This category includes data such as the results of the Client's profiling activities according to the different criteria that the entity may use, such as the link, seniority or use of the contracted services.
- Data obtained from third parties
If you give your consent, data provided by third parties such as geomarketing companies, RRSS, Cadastre, Property Registry, other telecommunications companies, the CNMC or other companies that may collaborate with this body to comply with the telecommunications regulations, companies that provide information on the economic activities of self-employed or professionals, etc.
With whom do we share your data?
The personal data processed by XFERA to achieve the purposes detailed above may be communicated to the following recipients based on the legitimating basis of the communication. By virtue of this, the following table details the planned communications and the legitimating basis that protects them:
How long will we keep your data?
Personal data will be kept as long as the contractual relationship with the Customer is maintained and after the end of the relationship, for a maximum period of 5 years, if the Customer gives their consent.
Once the contractual relationship has ended (or, where applicable, after the 5-year period has elapsed), the data will be deleted in accordance with the provisions of the data protection regulations, which implies their blocking and availability only. at the request of judges and courts, the Public Prosecutor's Office or the competent public administrations during the period of prescription of the actions that may derive from them and, once the period has elapsed, their complete elimination.
In any case, if at the end of the contractual relationship there are pending disputes arising from the exercise of actions to challenge invoices or aimed at obtaining collection, the data may be retained during the processing of disputes, as long as there is no there is a final resolution (when the data will be blocked and subsequently deleted), although they can only be used for testing purposes.
What are your rights?
Our data protection regulations give you several rights in relation to the processing of data involving our services, which we can summarize in the following:
- Right of access: Know what type of data we process and the characteristics of the treatment we do.
- Right of rectification: Request the modification of the data if they are inaccurate or false.
- Right to portability: Obtain a copy in an interoperable format of the data being processed.
- Right to the limitation of the treatment in the cases expressed in the Law.
- Right of deletion: Request the deletion of data when processing is no longer necessary.
- Right of opposition: Request the cessation of the sending of commercial communications in the terms indicated above.
- Right to revoke the consent given, with a processing of the request within approximately 10 days.
- Right to lodge a complaint with the supervisory authority (in Spain, the AEPD).
You can exercise your rights by post to Avenida de la Vega, 15, 28108 Alcobendas (Madrid) or by e-mail to: firstname.lastname@example.org, indicating the right you want to exercise and adding the necessary documentation. You can find various models on the AEPD website to help you exercise your rights.
8. Causes of suspension of the Service
XFERA may suspend the contracted Service in the following cases:
- When the Customer has not complied with the payment obligations or has exhausted the balance and/or exceeded the credit limit.
- If the Customer provides XFERA with personal data that is not true, is deliberately incorrect or impersonates a third party.
- When the Customer makes irregular or fraudulent use of the Service.
- When the Customer has used a means of payment fraudulently or there is a reasonable risk of fraud.
In any of these cases, XFERA will contact the Customer, before the suspension of the Service, to inform him of the existence of a breach of the GTC.
XFERA may temporarily suspend the Services in the event of total or partial delay by the Customer in the payment of the Services, from the date on which XFERA becomes aware of it, prior notice of 48 hours to the Customer in which he will be informed of the date to from which the suspension will take place, which cannot be done on a non-working day. However, in the case of the Landline Service, the total or partial delay by the Customer in the payment of invoices for a period of more than (1) one month from the presentation may lead to the temporary suspension of the contracted services, with notice to the Customer fifteen (15) days in advance, in which the Customer will be notified of the date from which the suspension will take place, which may not be made on a non-working day. The suspension will only affect the Services for which payment has been made in arrears.
The suspension of the service does not exempt the Customer from the obligation to continue paying the monthly fees. In the event of temporary suspension of the Telephone Service due to non-payment, the service will be maintained for outgoing emergency calls, as well as for incoming calls, with the exception of reverse charge calls and those of the Mobile Phone Service when the Customer is abroad. XFERA will restore the suspended Service within the working day following the day on which it is established that the amount due has been paid in full.
In the event of a temporary suspension, if the Customer has submitted a complaint to the Consumer Arbitration Boards, in the case of XFERA's submission to them, or to the Secretary of State for Telecommunications and the Information Society, XFERA will not suspend or interrupt the service while the claim is being substantiated and the Customer reliably pays the amount due, and delivers the corresponding receipt to XFERA.
The reconnection of the services will be made in accordance with the conditions in force at the moment, and the current fee for this concept will have to be paid. During the suspension period, XFERA may remove the rented equipment from the Customer's home.
The Customer may formally request fifteen (15) days in advance of the effective date desired, the temporary suspension of the landline Service through a communication addressed to the Customer Service. The duration of the suspension shall not be less than one (1) month nor more than three (3) months. The period of suspension may not exceed ninety (90) days per calendar year. In these cases, XFERA will deduct from the Client's subscription fee, fifty percent (50%) of the proportional amount corresponding to the time affected.
Delay in full or partial payment of XFERA invoices for more than three (3) months or temporary suspension of the Services on two occasions, due to late payment, will entitle XFERA to the permanent interruption of the Services and the corresponding termination of the contract.
In any case, the Service may be interrupted in accordance with current regulations when there is a deficiency caused by the Customer and which affects the integrity or security of the Network or the provision of Services to other customers. This measure will cease when the Customer carries out and communicates to XFERA the disconnection of the equipment subject to the deficiency.
XFERA may occasionally interrupt the Services in order to carry out improvement work, repair work, equipment changes or similar reasons, although these interruptions will be as short as possible and will be made, preferably and whenever possible, at times of minimum consumption. The Customer accepts the need to consent to such interruptions and that XFERA will not be obliged to compensate it, except in the amount of the indemnifications provided for in the section “Responsibility of XFERA” of this Agreement, which correspond.
9. Duration and termination
This Agreement is constituted for an indefinite period. XFERA has the right to terminate the Contract for the general causes of termination of the contracts and for the causes mentioned in the GTC. The termination of this Agreement at the request of XFERA will be the cause of automatic termination of XFERA to provide the Service when this determines the impossibility of continuing to provide it, without in this case any right to compensation being reported to XFERA. Customer favour. 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 website, accompanied by a copy of the national identity document or equivalent identification document, to the Customer Service at least two working days in advance of the day on which you wish the Service to be cancelled.
The contract will be terminated, with the consequent definitive interruption of the Service, for the general causes admitted in Law and especially for the following:
- Customer’s decision.
- Serious breach of the obligations arising from the Contract, or use of the Service contrary to the good
- Delay in payment of the Service for a period exceeding three (3) months or temporary suspension of the Contract on two occasions due to delay in payment as provided in these
- For unauthorized, illicit, fraudulent or improper use of the
In exceptional cases where it is necessary for technical, operational or service reasons, or in the event that the Service is permanently interrupted, the Customer must return the devices and / or terminals owned by XFERA.
In application of the obligations imposed on XFERA as a telecommunications operator in accordance with Law 25/2007, on the retention of data relating to electronic communications and public communications networks, XFERA reserves the right to cancel the Contract or block or suspend the Service at any time, in the event that it verifies that the identifying data provided by the Customer is false, incorrect or incomplete.
In the event that the Customer does not submit a request for retention of numbering, the termination of the Contract for any reason may result in the loss of the assigned numbering within one month from the date of termination.
10. Modifications to the CGC
XFERA may modify these GTC, as well as the rates in force at any time, and will notify the Customer affected by the modification at least one (1) month in advance of the date of entry into force, which will be indicated on purpose. If the Customer does not accept the new conditions and notifies XFERA, he may terminate the contract in advance and without penalty. If, one (1) month after the notification by XFERA, the Customer has not explicitly expressed their disagreement, or continues to use the Service after the entry into force of the announced change, it will be understood that he accepts the proposed changes .
11. Changes of address, telephone number or account holder
The Customer may request a change of address at which he receives the Services contracted through the Customer Service. If, for technical reasons, XFERA is unable to provide the Services to the new address, the Customer may terminate the Contract in advance and without penalty.
If the change of address is technically possible, the Customer will only have to pay the current rate for change of address. In the event of the rental of telephony and/or Internet devices, the Customer must move the equipment associated with these Services to his new home under his responsibility.
When it is necessary to change the Customer's mobile or Landline number, either due to technical requirements or because required by current regulations, XFERA will notify you of this change and its reasons with a notice of three (3) months in the case of landlines, and will communicate the new assigned number, without the Customer being entitled to compensation for this concept. However, XFERA will take the appropriate measures so that the Customer can keep his telephone number when changing operator in accordance with the regulations and conditions that govern it. In addition, the Customer may request a change of telephone number at any time.
In the event of a change of owner, both current and new, they declare that all the data provided to XFERA's Customer Service are correct and that they have read, know and accept in their entirety the present CGC. The date of change of the new payment responsibility will be the day after the confirmation of the change of holder by XFERA, once XFERA has received the necessary documentation completed correctly. However, the change of ownership does not exempt the current holder from paying the amounts reported up to the date of the change.
XFERA reserves the right to transfer the rights and / or obligations arising from these GTC to a company belonging to its own business group or to a third party electronic communications operator without the need to request the express consent of the Customer, and will notify at least one (1) month in advance. The Customer who does not wish to accept the transfer may terminate the contract in advance and without penalty.
The declaration of nullity, ineffectiveness or invalidity of any of these GTC will not affect the validity of the remaining conditions, which will remain in force and will be binding on the parties.
14. Applicable law and competent jurisdiction
The legislation applicable to the relationship between the parties is Spanish, and the competent jurisdiction will be that which determines in each case the regulations on the protection of consumers and users in the event that the Customer has the status of consumer. Otherwise, the parties are subject, to the exclusion of any other applicable jurisdiction, to the jurisdiction of the Courts and Tribunals of Madrid capital to resolve any differences arising from the interpretation or application of these terms and conditions.
Specific conditions for landline services and internet broadband access
These specific conditions are applicable only in the case of contracting the landline Service and Broadband Internet Access, either independently or in a convergent manner with other Services.
2. Installation and activation of the line
The conditions of installation and activation of the Service will depend on whether it is provided on a fibre optic line. XFERA will give access to the Fibre Optic Service only in places that have the appropriate infrastructure. You can check the coverage areas on our Website or Customer Service.
2.1 Fibre optics
If the Customer does not have the necessary installation to provide the Service, it is necessary for XFERA or another company acting on its own to install it at the Customer's home. To this end, after signing these General and Specific Conditions, a technician from XFERA or an external company authorized by it will appear at the Customer's home on the date agreed with them.
The Customer expressly authorizes XFERA and the technicians designated by XFERA to access their home and the facilities and equipment required for the correct installation. This authorization extends to the case in which any action must be taken for the proper provision or maintenance of the Service, as well as, where applicable, at the time of withdrawal of the Equipment.
The Customer must provide the technician with the entrance to the location of the building in which the access for the Fibre Optics is located in case it has been deployed inside.
XFERA will carry out the following actions for the installation of the Service:
- Connection of the external Fibre Optic line to the network of the Customer's building.
- Extension of cable by the interior of the building or by facade until the address of the
- Installation at the Customer's home of an optical network termination point.
- Installation at the Customer's home of an ONT Router
- Connection of installed equipment with a maximum of 1.5
- XFERA may modify the elements to be installed or the actions to be performed for the installation, according to the needs of the service in each
The Customer acknowledges that it has been informed of the characteristics of the provision of the Services and that, in the case of Fibre Optics, this does not mean the automatic cancellation of all services that the Customer may have previously contracted with XFERA or another operator. The Customer may maintain their Internet Access service, if they have it, as well as any associated services.
In this same case, the cancellation of the Customer in the Internet Access service in its previous operator is the responsibility of the Customer himself. In the event that the Customer wishes to cancel their service, they must contact the previous operator.
Both in the case of installation and activation of the Fibre Optic Service, the Customer declares that he has the permissions and licenses of third parties that, if applicable, are necessary for the installation and provision of the Service. In any case, XFERA is exempt from liability to these third parties.
The non-acceptance by the Customer of the basic installation that XFERA must carry out will entitle XFERA to terminate this Agreement immediately and to bill the Customer for expenses incurred up to the date of termination of the Contract.
3. Rates, billing and payments
The rates applicable to the Landline Service may be associated with minimum consumption or fixed monthly fees.
The minimum monthly consumption that the Customer must make will depend on the particular conditions of each rate. In the event that you do not consume the minimum amount corresponding to the rate on a monthly basis, XFERA will invoice you this month or, if applicable, the remaining amount until you reach it.
Certain rates may have a fixed monthly fee. In this case, it will be informed in the Particular Conditions applicable to each rate prior to contracting. This fixed fee will be reported at the beginning of each billing period. In the event of cancellation once the invoicing period has begun, the Customer will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the invoicing period until the date of cancellation.
Likewise, certain XFERA transactions, which will be reported in advance, may have additional amounts.
XFERA may require the constitution of guarantee deposits, at the time of contracting the Landline Service or during the term of the Contract when:
- The Customer would have left one or more receipts unpaid, as long as the arrears remain,
- Debts have been incurred by other Contract(s), valid or not, or the payment of the receipts has been delayed repeatedly. The deposit may be made in cash or by bank guarantee of your choice
Deposits will not be refunded. XFERA will request its constitution by a means that records the receipt and will grant the customer a period of not less than fifteen (15) days for the constitution or for the payment of the outstanding amounts.
If the deposit is not constituted, XFERA may reject the application for registration, suspend the Service and cancel the Customer if it does not constitute the deposit after ten (10) days from a second request. The deposits requested will be for an amount never higher than the estimated average of three months of consumption per Service.
The refund of the deposits will take place: in case a), as soon as XFERA has proof of full payment of the amounts due, and in case b), when it is proven that in one year there has been no delay in payment. If the Customer with outstanding debts unsubscribes or requests a change of ownership of its Service, XFERA may execute the guarantee for the total debt contracted, and the remainder will be available to the Customer. If the Customer has paid all receipts, the deposit will be refunded in full. The return period will be fifteen (15) days from the day after the date of compliance with the above conditions.
4. Broadband Internet Access Service
The Customer declares that he 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 termination of the Broadband Internet Access Service could affect the Landline Service and cause the termination of the latter Service.
The Customer is also informed that the provision of the Service may involve incompatibilities with services based on modems or alarms, switchboards, elevator lines and telecare services and, in general, on any service provided over a traditional telephone line.
XFERA does not guarantee the operation of the aforementioned services that are installed before the activation of the Broadband Internet Access Service.
The contracted speed will be obtained using the Ethernet cable connection between the equipment provided and the Client's terminal. This speed may be limited by the capabilities of the device used by the Customer to connect to the Service.
When other means of connection such as Wi-Fi or others are used, the speed on the Client's device may be limited by the characteristics of the means of connection mentioned. In the case of Wi-Fi, factors outside of XFERA 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, they can cause the decrease of the final speed obtained by the Customer.
In addition to the factors outside of XFERA mentioned that may cause a decrease in the speed obtained by the Customer, it is possible that the speed may be limited in case of maintenance operations by XFERA or in case of interruptions of the Service.
5. Landline Service
In the event that the Customer contracts the Landline Service, the service will be provided on the Fibre Optic line.
Due to the technical configuration of the Service, we inform you that the termination of the Landline Service could in turn affect the Broadband Internet Access Service and cause the termination of the latter Service.
The Telephone Service, with voice over IP technology, allows the Customer to receive calls destined for the numbering associated with his line on the fixed terminal. In addition, it allows the Customer to make calls from the same line.
In the case of providing the service on the Fibre Optic line, the Customer may maintain his previous Telephone Service, if any, as well as the associated services. In this case, the cancellation of the Customer in the Telephone Service of the previous operator is the responsibility of the Customer himself. In the event that the Customer wishes to cancel their service, they must contact the previous operator.
In order to enjoy this Service, the Customer authorizes XFERA to carry out all the necessary actions on the network to guarantee the reception of calls for its geographical numbering.
XFERA will activate the Landline 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 aforementioned Services will take place on the same day that XFERA completes the installation at the Customer's home in a satisfactory manner or once the suitability of the pre-existing installation has been verified.
This activation period is called the initial connection supply time, for the purposes of the current quality obligations to which XFERA is subject. Failure to comply with the aforementioned commitment of initial connection supply time by XFERA will result in compensation to the Customer at the rate of one euro per calendar day of delay, up to a maximum of ninety (90)
In the event of technical causes that make it impossible for XFERA to provide the Service, or the physical inaccessibility of the cable installation to the connection point of the Customer's home or other cases not attributable to XFERA for which XFERA could not provide the Service, such as force majeure or other causes attributable to the Customer, the Customer will not be entitled to any compensation.
XFERA undertakes to provide the Services contracted in accordance with the quality commitments required by the applicable current regulations.
XFERA facilitates the Customer's free access to emergency services, as well as information on the location of the person making the call, depending, in this case, on the capacity of the systems of the Autonomous Community in which the Customer is located at the time of calling the said services.
If the Customer requests that their data be included in the subscriber guides by ticking the corresponding box, XFERA will communicate the data that the Customer indicates to the National Commission of
Markets and Competition to make them available to the entities that prepare the guides and / or provide information services.
XFERA will deliver to the Customer or install at his home, in the event that 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 / Router Wi-Fi (in case of Fibre Optics);
- An optical network termination point (PTRO) in Fibre installations; (v) Wiring to the limits described in these GTC;
- Any other equipment, peripheral or device delivered by XFERA to the Customer for the correct provision.
The technical characteristics of the Equipment that XFERA delivers and installs to offer the service to the Customer are subject to possible changes. The Customer will be informed of any changes through our Website and through the Customer Service.
XFERA will configure or provide instructions for the configuration of the Equipment provided to the Customer. Except in the event of opposition from the Customer, XFERA may create a second independent channel in the Equipment through which the Service will be provided, without cost or affectation of the quality of the contracted Service, in order to provide additional Services, such as possibility to share 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 XFERA Customer Service.
XFERA assigns the Equipment to the Customer on a transfer/rental basis, unless expressly stated otherwise by XFERA. The Customer is responsible for the proper use of the Equipment, as well as its non-manipulation. XFERA will be in charge of the maintenance of the transferred Equipment, as well as the replacement in case of failure.
The Customer undertakes to return the Equipment to XFERA in a state of use and conservation suitable for its correct use, at the prior request of XFERA, at any time and, in any case, within the period of one (1) month after termination of Service. If the Customer does not return the Equipment within this period, XFERA will apply the penalty specified on the cover of the Contract.
If XFERA delivers any type of software or self-installing equipment or terminal, the Customer must follow the installation instructions provided by XFERA. XFERA does not offer any guarantee, either explicit or implicit, on the installation assistance software provided or is not responsible for any damage or alterations that, due to its execution, may occur in the Customer's computer system (configuration, software and/or hardware) or in the electronic documents and files stored in your computer system.
10. Terminal warranty and after-sales service
Notwithstanding the above, if there are terminals or equipment associated with the contract that are acquired by the Customer from XFERA or a third party with whom XFERA has reached an agreement on this matter, these equipment have a legal warranty period from its purchase, delivery or date of installation, certified with the corresponding invoice or delivery note. In these cases, XFERA offers an after-sales service for processing repairs with an official Technical Assistance Service recognized by the manufacturer of the aforementioned equipment.
This guarantee will not apply in the following cases:
- Replacement of wear parts as a result of normal use of the Equipment.
- If the Equipment has been tampered with by an unauthorized technical support service
- If the cause of the disagreement is an incorrect installation by the
Customer or improper handling or with non-original elements/accessories from the manufacturer.
XFERA will repair the breakdowns that occur in the equipment provided and related to the provision of the service that have been provided by XFERA, and will assume the cost as long as they have occurred for reasons not attributable to the Customer.
In the event that the Customer detects a breakdown in the Equipment or a malfunction of the Service, he must contact the XFERA technical support service by calling the Customer Service.
XFERA will use the means it deems necessary at any time to resolve the incident.
Specific conditions mobile phone service
These Specific Conditions are applicable only in the case of contracting the Mobile Telephony Service both independently and in a convergent manner with other services.
The Customer will 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, XFERA may cancel it. In this case, the Customer will have the right to recover the amount he has paid for the card, with a prior request to the Customer Service.
In this case, as well as in the event of cancellation of the registration by the Customer, XFERA will have the right to charge the management fees corresponding to the sending of the card, without prejudice to the provisions of the dedicated clause to the right of withdrawal when applicable. The applicable management costs will be communicated to the customer in the particular conditions of the contracted services.
Mobile Telephony rates may be associated with minimum consumption or fixed monthly fees.
The minimum monthly consumption that the Customer must make will depend on the particular conditions of each rate. If the Customer does not consume the minimum amount corresponding to his rate, XFERA will invoice or deduct from this balance each month this amount or, if applicable, what is left until it is obtained.
Certain rates may have a fixed monthly fee which will be reported in the Particular Conditions of each rate prior to contracting. This fixed fee will be reported at the beginning of each billing period. In the event of cancellation once the invoicing period has begun, the Customer will be charged the fixed fee in proportion to the number of days enjoyed from the beginning of the invoicing period until the date of cancellation. Certain XFERA transactions, which will be reported prior to completion, may involve the payment of additional amounts.
To ensure the correct billing of data services in mobile mode, XFERA may restore the connection of this service every 2 hours of continuous connection. Restoring the service consists of restarting the data session automatically.
The contracting of Mobile Telephony Services in post-payment mode will be governed by the provisions of these General and Specific Conditions of Contract.
The Customer who has opted to contract the service in pre-payment mode can top up the balance of his Card through any of the means of payment offered by XFERA, such as debit or credit card, top-up cards or in any of the establishments adhered to and identified with our badge.
In addition, you can request that top-ups be made automatically when a certain date or default balance arrives. In this case, top-ups will be made against the credit or debit card provided by the Customer for this purpose.
If the Card balance becomes negative, the amount of the next top-up will be used, in whole or in part, to offset this negative balance. The Customer is obliged to replenish all amounts corresponding to negative balances from the date on which they occurred.
If the Customer maintains a negative balance in their line, even when the Service has been cancelled, XFERA will settle the amount due by means of an additional charge through any of the means of payment registered by the Customer to make top-ups.
The maintenance of a negative balance will imply the obligation for the Client to pay a default 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 other consequences that may arise from non-compliance, such as inclusion in patrimonial and credit solvency files.
The Customer will be able to consult their consumption details and charges through the Online personal area.
3.2 Monthly subscription option
If the Customer has opted to contract the XFERA Mobile Telephone Service in this way, the fixed items associated with their SIM card, such as fees or season tickets, will be
entirely charged against their balance available at the beginning of the billing period. The balance will be automatically recharged by monthly charge on a debit or credit card for a minimum amount of 10 euros.
In the event 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 choice, the surcharge for a minimum amount of 10 euros or for amounts greater than multiple 10 euros.
In order to contract XFERA services in this modality, it is essential that the Customer has a bank card suitable for electronic commerce and that it allows a security check.
The fees or bonds associated with this type of contract are valid for one calendar month from the first day of the month to the last, both inclusive. In the event of contracting the service once the reference month has begun, the fees or vouchers will have an extension and price proportional to the remaining days from the contracting until the last day of that month.
Once the minutes of calls included in the fees or vouchers have been consumed, and the balance that may exist has been consumed, the Calling Service will be suspended, except for toll-free and emergency numbers, until the first day of the following day. month after the charge of the corresponding amounts on
the card or, if applicable, until the extension of the services in the reference month. The call reception service will not be affected by this circumstance unless the incoming call carries associated costs (such as interconnection costs or destination billing calls).
In case of consumption of the volume of mobile data contracted before the end of the reference month, the data service will be suspended until the first day of the following month after the charge of the corresponding amounts on the card or, if applicable, until extension of services in the reference month. Consumption made outside the fixed items charged in advance will be charged to the balance available at that time. In the event that it is necessary to extend the services associated with the fixed fees, the Customer may request it through his personal area or by means of an express request to the Customer Service. The cost of extending the services will be charged to the Customer's bank card at the time of confirmation of the application.
In the event of termination of the Service, XFERA will refund the balance not consumed to the bank card associated with the Customer. Included in the amount of fees or subscriptions are the issuance or reception of calls or traffic from abroad (Roaming Service), or calls to additional charging services. To access these services you will need a balance in favour of the Customer or the extension of the service. As in the case of contracting by direct debit, at any time and / or exceptionally, XFERA may, in order to guarantee compliance with the Customer's obligations, request guarantees in the same cases provided for in this the CGC.
XFERA will provide the Service exclusively in the coverage areas of the national territory in which it is located. XFERA undertakes to provide the Service within the limits of coverage and the state of technology. In any case, XFERA will not be liable for interruptions or malfunctions of the Service due to orographic and / or atmospheric conditions that prevent or make impossible its provision.
5. Identification obligations in the event of contracting in the form of a monthly subscription
In order to contract the service in this modality, an identification and contracting process is essential. The personal data provided during the identification process will be treated in the manner provided for in the GTC.
In order to identify yourself in the terms required by current legislation, you must provide us with the personal data requested in the contract form via the web and a photograph of your ID or passport. The use of telematic means as a contracting channel makes it essential to apply measures that allow the effective verification of the identity of the contractor and compliance with current regulations. The absence of any of the necessary data, its inaccuracy or the impossibility of verifying it will lead to an error that will prevent the registration and contracting of services. If you do not agree with this identity verification procedure, you can contract through other recruitment channels, which you can consult at www.másmóvil.es.
6. Consequences of service suspension
During the 30-day period from the date of suspension of the Service, you will be able to receive calls (except when you are outside the national territory or in the case of collection calls to destination), SMS and MMS ("soft block").
Once this period of 30 days has elapsed without the cause of the suspension having ceased, the reception of calls, SMS and MMS (“hard block”) will also be blocked. Once 90 days have elapsed from the date of the suspension without the cause having ceased, XFERA will permanently block the SIM card, and the contract with XFERA will be definitively terminated with regard to this Service.
XFERA may unilaterally terminate the Contract with respect to this Service when it considers that the corresponding Mobile Telephone Service is inactive.
The Service will be considered inactive when 4 consecutive months have elapsed without any billable services being consumed. XFERA reserves the right to claim from the Customer the amount of any negative balance, plus interest and expenses arising from the claim.
Until the permanent block is possible, it is possible to pay the pending invoices, top up the balance and make emergency calls to 112, as well as make calls to Customer Service at 2377.
SPECIFIC CONDITION OF CONTRACT LENGTH
In the case of subsidized purchase or assignment / rental or in advantageous conditions for the Customer of the Equipment or terminals, linked or not to this purchase or assignment to a specific price plan and/or to the application of certain discounts, as well as in the case of application of certain discounts on the price of the Services, the Customer agrees to remain registered in this Agreement during the period and under the conditions detailed on the cover, from the date of signature. In the event that the Customer causes early termination of the Contract for any reason, do not pay XFERA amounts due and this will lead to the permanent interruption of the Service, breach of the Contract, misuse of the Service or change the price plan contracted by another with a consumption commitment or a lower fee, will have to pay XFERA the corresponding amount depending on both the commitment acquired and the time remaining to meet it, and up to the maximum detailed on the cover (indirect taxes not included), all this as compensation for not attending to the pacts and based on the benefits previously received. In the event that XFERA is unable to provide the Service for technical reasons beyond the Customer's control, XFERA must return the equipment and terminals delivered by XFERA within fifteen days of XFERA's communication to the Customer of the impossibility of providing the service. The Customer must return the equipment and terminals in the same way as the initial delivery. In the event that the Customer does not return the equipment and terminals within the specified period, he must pay XFERA the amount detailed on the cover.
If, during the period of stay indicated, the Customer requests a change of address in a geographical area where XFERA is unable to provide the Service due to technical reasons, the Customer must pay XFERA the corresponding amount depending on whether of the commitment acquired, as well as of the time remaining to fulfil it, and up to the maximum that is detailed in the title page (indirect taxes not included), all this like compensation by the fact of not taking care of the pacts and based on the benefits received previously .
RIGHT OF WITHDRAWAL APPLICABLE ONLY IN THE EVENT OF DISTANCE CONTRACTING OR OUTSIDE THE ESTABLISHMENT
The Customer is granted the right to withdraw from this contract within 14 calendar days of signing. In case of registration in XFERA with portability from another operator of origin, we inform that the exercise of the right of withdrawal will not suppose the automatic return to the operator of origin, and in this case the Client will have to manage a new portability with your home operator.
To exercise the right of withdrawal, you must notify us of the decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail or e-mail) adding the “Order Number”. To do this, you can use the withdrawal form model available on our Website, although its use is not mandatory. (https://parlem.com/wp-content/uploads/2021/02/FORMULARIO-DE-DESISTIMIENTO-esp.pdf)
You may send the communication by exercising the right of withdrawal by e - mail to hola@MÁSMÓVIL.com or at the postal address: Av de la Vega 15, 28108, Alcobendas (Madrid, Spain).
The exercise of the Right of Withdrawal will entail the obligation to return the equipment or terminals delivered by XFERA for the provision of the Service in its original packaging, in perfect condition, including all accessories and ready. Returns of products that show no signs of being damaged will only be accepted. The Customer will be responsible for the decrease in value of the products subject to return that are the result of a different handling than necessary to establish the nature, characteristics and operation of the products subject to return. 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 the products (Terminals or devices) directly to the address indicated in this section, without any undue delay and, in any case, within a maximum period. of 14 calendar days from the date on which it communicates to XFERA the decision to withdraw from the contract. You will also have to bear the direct cost of returning the products provided
by XFERA. However, 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, whichever condition is met in the first place.
In the event of withdrawal, XFERA will return to the Customer all payments received within a maximum of 14 calendar days from the date on which the Customer informs XFERA of its withdrawal.
In the event of withdrawal, if XFERA has installed and / or activated the Service at the express request of the Customer during the period in which this right can be exercised and before the Customer has exercised it, XFERA will be entitled to charge the cost of the installation carried out and the consumption carried out so far and, in a proportionate manner, the fees provided for in the General and Particular Conditions of each rate incurred by the Customer.
If the Customer withdraws from the Contract and the price to be paid has been fully or partially financed by a loan (by XFERA or by a third party with prior agreement with XFERA), the withdrawal will also involve the termination of the loan without penalty.
If the Customer enjoys the provision of a service commercially discontinued with MÁSMÓVIL and contracts a new service under this Agreement, upon withdrawing from it, it will not be possible to restore the provision of the original service, despite which, XFERA will do everything possible to ensure that the Customer is not harmed.
Specific conditions for individual Parlem customers
1.1 PARLEM TELECOM - TELECOMMUNICATIONS COMPANY OF CATALONIA (hereinafter “PARLEM”) with CIF A-65851446, and domicile at C/ Alaba, 61, 2n 1a,
08005 Barcelona, registered in the Mercantile Register of Barcelona in Volume 43.394, Folio 142, Sheet B428187, will be responsible for Customer Service, claims, invoicing and collection for XFERA's electronic communications services (XFERA MÒBILS, SAO, with NIF A82528548 and address at Avenida de la Vega, 15, 28108 Alcobendas) - hereinafter "Services" -, always in name and on behalf of, by delegation his.
2. BILLING AND COLLECTION SERVICE
- The Customer agrees that PARLEM, on behalf of XFERA, will be responsible for carrying out the invoicing and collection procedures of the Therefore, PARLEM will send monthly invoices for the Services provided by XFERA, and will proceed to collection by means of collection designated at the time of contracting the Services.
- Likewise, PARLEM may bill the Customer for other services provided directly by PARLEM in conjunction with the Services, correctly and at all times identifying the identity of each provider.
- The Customer undertakes in these terms to pay the invoices that PARLEM presents to him in the terms established in the general conditions of XFERA - hereinafter "CGC" -.
- In the event that the Customer of the Services under the post-payment modality has opted for the payment of the service by direct debit, he must sign a SEPA Direct Debit Direct Debit Order for recurring payments in favour of
- All the clauses referring to the invoicing and collection of the Services contained in the CGC will be interpreted in the sense that all the indicated tasks will be carried out and / or developed by PARLEM by delegation of XFERA, and not by XFERA directly, and in the sense that the Client will maintain any relationship and/or interaction on this subject with PARLEM, and not with
3. CUSTOMER SERVICE AND COMPLAINTS
- There is a Customer Service available to the Customer that PARLEM provides in the name and on behalf of XFERA and on its delegation, to which the Customer may send requests for information, complaints, claims or any incident related to the provision of Services.
- The Customer, without prejudice to the provisions of the GTC, may communicate with the Customer Service through the following means:
- By telephone: by calling toll-free 1713 or (+34) +34 93 547 88 60 if you are calling from abroad (the cost of these calls will be the price applicable to the telephone operator through whom you are calling the Customer).
- In writing to the following address: PARLEM, Customer Service, C/ Alaba, 61, 2n 1a, 08005 Barcelona.
- Sending an email to email@example.com
- All the clauses referring to the Customer Service contained in the CGC, will be interpreted in the sense that all the indicated tasks will be carried out and / or developed by PARLEM by delegation of XFERA, and not by XFERA directly, and in the sense that the Client will maintain all relations and / or interaction on this subject with PARLEM, and not with This Clause it will be understood without prejudice that PARLEM can derive punctually to XFERA some consultation or management of the Client for concrete technical subjects in which the collaboration of XFERA is required in its capacity as Service Provider.
- In accordance with Clause 3.2. above, the Customer will contact the PARLEM Customer Service channels indicated for any queries and/or management, and not the channels indicated in the
- There are complaint forms available to the consumer at the PARLEM registered office at the address indicated in Clause 2.
- To exercise the right of withdrawal, you must notify us of the decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or e-mail) adding the “No. of the order ”. To do this, you can use the withdrawal form model available on our website (https://parlem.com/wp-content/uploads/2021/02/FORMULARIO-DE-DESISTIMIENTO-esp.pdf)You can send the communication by exercising the right of withdrawal by e-mail to firstname.lastname@example.org or to the postal address: C / Àlaba 61, 2n 2ª 08005, Barcelona.
4. PROCESSING OF PERSONAL DATA
4.1 The processing of personal data of the Customer will be governed by REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free circulation of this data and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights and other applicable regulations.
4.2 XFERA has the status of Data Controller of the customer data that is collected for the provision of the Services, and this will also apply to the activities carried out by PARLEM in accordance with the provisions, in its capacity as data controller for XFERA account.
Speed of internet access services
The internet speed information has been prepared in accordance with the guidelines laid down in Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures in relation to access to an open network and amending Directive 2002/22 / EC.
* The minimum speed will depend, fundamentally, on the distance from your home to the telephone exchange where you are connected and the state of your copper pair. Also, if you access the Internet via Wi-Fi, the minimum speed will vary, among other reasons, due to possible interference caused by other nearby Wi-Fi networks and the structure or distribution of the property.
** Minimum speed percentage compared to normally available. The minimum speed will depend, fundamentally, on the state of the wiring (fiber) and on whether the connection is made by Wi-Fi network, among other variables, by the possible interferences of other nearby Wi-Fi networks and by the structure or distribution of the property.