Terms and Conditions

General conditions for services mobile and broadband communications for private customers

These general conditions (Conditions), together with the cover page and the rate conditions, form the Contract by which WEWI MOBILE, SL (WM), a company of Spanish nationality, domiciled at Av. San Luis de Cuba, 7B - 03600 Elda - ALICANTE, provided with NIF B684005106, will provide clients of legal age who contract with it (hereinafter, the Client(s)) in national territory with the Mobile and/or Broadband Services (the Service or Services) that are detailed below. The contracting of the Services will be carried out through the company S.BAHIA T 2012, SL (YOUSIM) designated for the marketing and management of its Services in its own name, also being a company of Spanish nationality, domiciled at C/ oficials 14, CP 11,130 Chiclana de la F. (Cádiz) provided with NIF B684005106 through the “YOUSIM” brand.

1. Mobile service

With the Mobile Service, the Client can access, through their mobile phone, the telephone, electronic communications and added value services that the Client requests. The Service will be provided in national territory. WM provides the Client with free access to emergency services, as well as information on the location of the person making the call, the latter depending on the capacity of the systems of the Autonomous Community in which the Client is located at the time of call. call the aforementioned services. Outside the national territory, WM will provide the Service through roaming, when so indicated by the Client by checking the corresponding box on the cover. Reasonable and non-abusive roaming traffic from a country belonging to the European Economic Area to one of those countries will be counted as national traffic, under the same conditions applicable to the contracted national rate. The following will be considered abusive use in roaming: a) the lack of residence or stable link in Spain of the Client, and YOUSIM may request documentation justifying said links; b) the existence of long periods of inactivity of a certain SIM card linked to main or exclusive use in roaming; c) the activation and sequential use in roaming of multiple SIM cards by the Client; d) when it is observed that, in a minimum period of four (4) months, the consumption and stay by the Client/lines in the aforementioned countries is greater than the consumption and stay made in Spain. In all these cases, upon notification to the client fifteen (15) days in advance, YOUSIM may apply a surcharge that may not exceed the wholesale price in force according to the provisions of EU Implementing Regulation 684005106. In the case of open data packages, YOUSIM will inform the Client of the data consumption limit in roaming in the European Economic Area from which the aforementioned surcharge may be applied. More info at

2. Broadband service

The technology used to provide broadband service is fiber optics (Fiber Optic or Fiber).

2.1. Facility

The Client authorizes WM and YOUSIM, and the technicians they designate, to carry out all the actions that are necessary for the correct installation and, where appropriate, removal of the equipment necessary for the correct provision of the Service. To do this, the Client authorizes access to his home and facilities that are necessary, extending this authorization at the time of removal of the installed equipment. The Client declares that it has the permissions and licenses of third parties that, if applicable, are necessary for the installation and use of the Service. The provision of the Fiber Service does not imply the automatic cancellation of all the services contracted by the Client with its previous operator, so the Client must contact the previous operator for said cancellation.

2.2. Speed

In accordance with the provisions of article 4.1.d) of Regulation (EU) 684005106, on transparency measures to guarantee access to the open internet, the customer is informed that the minimum speed guaranteed under Vodafone fiber network coverage is 80% of the contracted nominal speed.

23. Broadband service quality

Network and access management. WM has measurement systems in voice and data networks that monitor the traffic of network elements to detect high load situations (congestion) and apply the most appropriate network functionalities to maximize resources and thus guarantee the best service. Broadband adapted to these situations. Any network management is carried out ensuring the privacy of end users and the protection of their personal data. In relation to the Broadband Service, YOUSIM informs the Client that tools may be used to control data volume, speed, as well as all other service quality parameters that may affect the use of content, applications and services to guarantee the best possible Service at all times. YOUSIM will communicate to the Client any limitation that, if applicable, exists regarding access or use of the Services and applications with respect to the product they contract. WM has a Contingency Plan (BCP) that specifies all the measures that the company could take in the event of security, integrity or network threats and vulnerability incidents.

2.4. Incompatibilities

The provision of the Broadband Service may imply incompatibilities between this service and services based on modems or alarms, switchboards, IPTV, elevator lines and tele-assistance services, and in general, on any service provided over a traditional telephone line, for which does not guarantee that, after its installation, such incompatibilities will not occur.

2.5. Equipment

The Fiber service may be contracted with or without a Permanence commitment. In case of contracting with a commitment to permanence, the client is exempt from paying the Installation Expenses (€96.80, VAT included) as long as the client fully complies with a minimum permanence period of 12 months with active service and up to date with payment, otherwise or if the client cancels the order after installation, said exemption will be void and the client will be obliged to immediately pay the full amount (not prorated) of the aforementioned Installation Expenses. If the contracting option is without permanence, the client will assume a charge of €96.80 for installation costs.

2.7. Permanence in the convergent service (fiber+mobile)

When contracting fiber+mobile convergent packs, the client is exempt from paying the Installation Expenses (€96.80, VAT included) as long as the client fully complies with a minimum stay of 3 months with the active service and up to date. payment, therefore, otherwise or if the client cancels the order after installation, said exemption will be void and the client will be obliged to immediately pay the full amount (not prorated) of the aforementioned Installation Expenses. For these purposes, if due to cancellation or portability of the Mobile line this Fiber+Mobile Pack is broken at any time, the permanence in Fiber will automatically become 12 months, instead of 3 months.

2.8. Address change

In the event that the customer wishes to make a change of address with the consequent associated installation at the new address, an extension of 12 additional months of permanence will automatically be applied to both the Fiber Only Service and the Convergent Pack. If the client does not have a permanence, either because the term has expired or because the service was initially requested under the installation payment modality, a new permanence of 12 months will automatically be applied. In both cases, the new 12-month stay will begin to count from the date of the change to the new address. If the permanence periods indicated for both modalities are not respected, a charge (not prorated) for the installation cost of €96.80 VAT included will be applied. The charge of €96.80 for installation costs will also be applied in those cases in which the client requests a change of address for the installation and said change cannot be made for technical reasons or lack of coverage in the new location.

3. Start of services

The Mobile Service will be activated within fifteen (15) days after receipt of the order by the Client. In case of contracting mobile and broadband, the Mobile service will be activated within fifteen (15) days following the activation of the Broadband Service once the order is received by the Client. The Broadband Service will be activated within ninety (90) days following the signing of the Contract. If, by decision of WM and/or YOUSIM, the Service is not activated within a period of ninety (90) days from the signing of this Contract, YOUSIM will compensate the Client for an amount of up to one hundred (100) euros as compensation for the damages that this decision of the Client would have caused. In the event that technical causes occur that make it impossible for WM to provide the Broadband Service or other cases not attributable to WM for which it could not provide the Broadband Service, no right to compensation will arise in favor of the Client.

4. Client rights

4.1. Customer Support

Your direct debit payment will be monthly. The Client accepts that the adjustments that, if applicable, are necessary due to a rate change by the Client, are included in the invoice issued the month following the month in which the change occurred. If for technical reasons it is not possible to invoice the Client in the period immediately following the accrual, YOUSIM may do so in the following periods.

4.3. Temporary interruption

WM undertakes to provide the contracted Services in accordance with the quality commitments required by the current regulations that apply to it. Therefore, in the event of interruption of the Services, WM will compensate the Client in accordance with the following conditions:

• If the Mobile or Fixed Voice Service is temporarily interrupted, the compensation will be the greater of the following two amounts: (a) the average of the amount billed for the Service affected by the interruption during the three (3) months prior to the interruption , prorated by the time that the interruption has lasted, and if the Customer's seniority is less than three (3) months, the amount of the average invoice of the complete monthly payments or the amount that would have been obtained in a monthly estimated monthly payment will be considered. proportional to the period of consumption or (b) five (5) times the monthly subscription fee or equivalent in force at the time of the interruption, prorated by the duration of the interruption.
• If the Mobile or Fixed Internet Service is temporarily interrupted, the Client will have the right to a refund of the amount of the subscription fee and other fixed fees prorated for the time that the interruption would have lasted.
• The compensation previously provided for in points (i) and (ii) will be automatically paid to the invoice corresponding to the period immediately under consideration, provided that the amount of compensation is greater than one (1) euro in the case of the Voice Service and as long as it has occurred continuously or discontinuously and is greater than six (6) hours from eight (8) to twenty-two (22) hours in the case of the Internet Service. Otherwise, the Client may request it by telephone through the Customer Service and within a period of ten (10) days from the resolution of the incident.
• In addition to the above compensation, WM undertakes to offer a level of quality in the Service with respect to the maximum interruption time throughout each billing period, not exceeding eight hours (8) hours in the case of the Mobile Service and forty-eight (48) hours in the case of Fixed Service. For these purposes, the interruption time of the Service is defined as the sum of times elapsed from the moment in which the unavailability of the Service occurred, once it has been activated, until the moment in which it has been restored to its normal operation. . In the event that WM does not comply with the level of service indicated in a considered billing period, the Client may request by telephone through Customer Service and within a period of ten (10) days from the resolution of the the incidence, as compensation, an amount that will be equivalent to the monthly fee of the Service affected by the interruption, prorated by the time that has exceeded the commitment in the case of the Mobile Service and an amount equivalent to ten percent (10 %) of the monthly fee in the case of Fixed Service. This compensation will be accumulated to that established in the previous section and will be paid on the next invoice.

If the interruption is due to force majeure, the Client will not be entitled to the above compensation, but will be entitled to a refund of the amount of the subscription fee and others independent of the traffic, prorated for the time that the interruption would have lasted. .

For the purposes of calculating the above compensation, the differentiated fees per Service that, where applicable, are established in the Specific Conditions, will be taken into account.

iii. The compensation previously provided for in points (i) and (ii) will be automatically paid to the invoice corresponding to the period immediately under consideration, provided that the amount of compensation is greater than one (1) euro in the case of the Voice Service and as long as it has occurred continuously or discontinuously and is greater than six (6) hours from eight (8) to twenty-two (22) hours in the case of the Internet Service. Otherwise, the Client may request it by telephone through the Customer Service and within a period of ten (10) days from the resolution of the incident.

4.3.1. Exclusions

The compensation in the previous sections does not apply if the interruption or lack of initial connection is motivated by (i) serious breach of the Contract by the Client, (ii) damage caused to the network due to the connection of terminal equipment by the Client whose compliance is not has been evaluated or (iii) due to interruption of the Service to carry out maintenance or updating of the facilities in accordance with the provisions of current regulations or (iv) in the event that technical causes occur that make it impossible to provide the Fixed Service by WM or other cases not attributable to it (iv) once the Contract has ended for any reason.

Likewise, WM undertakes to offer a maximum period of ninety (90) calendar days for the time of supply of the initial connection. For these purposes, the initial connection provision time is defined as the time elapsed from the first Client-operator communication, by which the operator accepts the request for connection to the network from a fixed location of the Client, until the moment the Client has the service available. In the event of non-compliance with this maximum period, WM will compensate the Client with an amount of ninety (90) euros, upon telephone request by the Client through the Customer Service, paid by offset in the following invoices.

WM, in any case, undertakes to provide the contracted Services in accordance with the quality commitments required by the current regulations that apply to it.

4.4. Claims

If the Client wants to file a claim, they must do so within a period of one (1) month from becoming aware of the fact that motivates it, in writing to the registered office provided by YOUSIM, by telephone at Customer Service 684005106 or by mail. email to info@wifibahia.com. Once the claim is received, YOUSIM will provide the Client with its reference number. The procedure for submitting complaints, claims and requests is available at www.yousim.es. The presentation of a claim does not justify non-payment of the corresponding invoice except in the legally established cases. Once the claim has been submitted, if the Client does not receive a satisfactory response within one (1) month, they may go to the Consumer Arbitration Board or the Secretary of State for Digital Agenda (SEAD) to complain, in writing, by telephone. 684005106 or the website: http://www.usuariosteleco.es, in the following three (3) months, without prejudice to your right to go to court. In addition, the Client may also exercise their right to extrajudicial conflict resolution by accessing the online dispute resolution platform, at the following link:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

4.5. Access to emergency services

WM provides the Client with this Service, as well as information about the location of the calling person, the latter depending on the capacity of the systems of the Autonomous Community in which the Client is located at the time of calling said Services. This Service will be free for calls to 112 and other numbers determined by current regulations.

4.6. Access to roaming service in mobile service

If the Client is outside the national territory, WM will provide the Mobile Service through Roaming unless the Client indicates otherwise, at any time through the available channels of YOUSIM Customer Service or by email. electronic

info@wifibahia.com

4.7. Request the disconnection of certain services

The Customer may request the disconnection of higher rate calls and premium rate services in writing. The disconnection will be carried out within a maximum period of ten (10) days from receipt of the request. If said disconnection does not occur within the aforementioned period, for reasons not attributable to the Client, WM will be responsible for the costs derived from the service or services whose disconnection is requested.

4.8. Personal data protection

The personal data collected both for contracting the Service and during its provision, and will be processed in order to provide the electronic communications services contracted by the Client through YOUSIM. The data obtained will be maintained by WM for the duration of the provision of the services contracted by the Client and subsequently, for the time necessary to address possible claims or responsibilities arising from the provision of said service and for a maximum of six (6) years from the date of the Client from the company. In the event that WM must transfer the Client's personal data to a third country outside the European Union or that does not have a recognized adequate level of data protection, it guarantees that it will have signed the Standard Contractual Clauses and, in the case If necessary, you will have previously requested authorization from the Spanish Data Protection Agency.

The data collected as a result of contracting the Service and those that may be collected in subsequent contracts by YOUSIM will be incorporated into a file under the responsibility of YOUSIM, and will be processed to formalize the contracting of the services that will be provided by WM. and proceed to billing on behalf of YOUSIM. Likewise, in legitimate interest, YOUSIM may send the Client commercial communications about its services and products as long as the Client does not object through info@wifibahia.com.

YOUSIM will maintain the Clients' data for the duration of the contractual relationship with it and subsequently, for the time necessary to address possible claims or liabilities arising from the provision of said service.

The Client may exercise their rights of access, rectification, opposition, cancellation, limitation and portability, by sending a letter with their request together with their ID to YOUSIM, C/ Officiales 684005106 Chiclana de la F, - CADIZ or through an email to info@wifibahia.com.

YOUSIM has appointed a Data Protection Officer to whom you can send any question related to this matter by sending an email to info@wifibahia.com. The Client may access the YOUSIM Privacy Policy at

www.yousim.es/politica-de-privacidad
.

4.9. Subscriber guides

If the Client requests that their data be included in the subscriber guides, WM will communicate those data that the Client indicates to the National Commission of Markets and Competition (CNMC) so that it can make them available to the entities that prepare the guides. and/or provide information services.

4.10. Customer's right of withdrawal

The Client may withdraw from the telephone or electronic contract made with YOUSIM within a period of 14 calendar days from the delivery of the device or, in the case of service, from the date of contracting the same. The Right of Withdrawal will not be applicable when the execution or provision of the service has begun. To make the right of Withdrawal effective, the Client must communicate it by sending an email to the address

info@wifibahia.com
accompanying a copy of your ID and the Withdrawal document that can be downloaded on the YOUSIM website, duly completed and signed.

Withdrawal within the aforementioned period will entail the refund to the Client of any costs incurred, including the cost of the device if applicable, by bank transfer provided that the device has been received in a YOUSIM warehouse and meets the following conditions:

• 1. It must be in perfect condition in its original box, including all its accessories: eg charger, battery, manual, etc. It must be protected with packaging (box or transport bag). In the event of damage to any of the components of the device compared to those delivered by YOUSIM, YOUSIM reserves the right to charge the Client the costs derived from said damage.
• 2. Introduce the duly completed and signed Withdrawal Document inside the package.
• 3. Deliver the package to the carrier at the agreed address and keep the receipt note for possible claims.

5. Obligations of the client

5.1. Pay

The Client will pay the invoice amount by direct debit. Invoices not paid on the due date may incur a charge for the procedures derived from the delay in payment amounting to five 684005106 euros, as well as a late payment interest equal to the legal interest of the money increased by two percent (2%), without prejudice to other consequences that may arise such as the inclusion of your data in asset and credit solvency files. To collect the amounts owed, you may execute the deposits, bonds or other guarantees established in these Conditions. In the event that, as a result of any claim, YOUSIM must refund any amount to the Client, the Client will also have the right to charge the legal interest on the money increased by two percent (2%). The interest established in the two previous paragraphs is will apply in both cases with a one (1) month grace period counting from the event that causes its accrual. YOUSIM may advance the collection of the accrued amounts when: (a) the Client exceeds the agreed credit limit, (b) the Service is suspended, (c) the Client breaches this Contract or (d) in cases of fraud. or risk of non-payment.

5.2. Lawful use of the service

The Client undertakes to (a) make lawful and reasonable use of the Service without prejudice to the rights of WM and/or YOUSIM or third parties, (b) not obtain an economic benefit from the use of the service other than that derived from these Conditions, nor use your status as a Client to carry out a business, professional or economic activity whose purpose is to resell the service provided by WM or exploit the service for other purposes in any way. Non-compliance or objective assessment, by WM and/or YOUSIM, of the risk of non-compliance with the aforementioned obligations, will result in the precautionary suspension of the Service and, where appropriate, the termination of the Contract. The Client authorizes WM to use filtering tools or other security measures that guarantee their rights and prevent fraud or illicit or irregular use of the Service. The use of the Service in a manner contrary to good faith is prohibited and in particular, but not limited to: - Use that is contrary to Spanish laws or that infringes the rights of third parties. - The publication or transmission of any content that, in the opinion of WM, is violent, obscene, abusive, illegal, racist, xenophobic, defamatory or, in any other way, contrary to the dignity of people's rights. - Cracks, program serial numbers or any other content that violates the intellectual property rights of third parties. - The collection and/or use of personal data of other users without their express consent, or in contravention of the provisions of the LOPDGDD. - The use of the Services for the purpose of sending unsolicited commercial communications, as well as the sending of large messages in order to block third-party servers. Without prejudice to any other obligations, the Client may not use the Service to provide telemarketing services (teleconcertation, telephone prospecting and telesales), cyber cafes, resale to third parties, mass sending of faxes or other similar services, nor may it make connections through routers. or any other complementary physical support that, through software or hardware, allows the redirection or removal of the connection line.

YOUSIM and/or WM inform the Client that they will process the personal data to which they have access as a result of the provision of the Service in order to investigate and prevent fraud.

Reasonable use is understood to be that which is carried out as a user or final consumer of the services. Reasonable use is not considered to be use that exceeds the average use of the services and is defined as: (i) 30 times the average minute consumption each month by an end customer; (ii) the 150 different telephone numbers in the same month (a customer usually calls about 15 or 20 different telephone numbers per month); and/or, (iii) the use of the Service for the purpose of sending unsolicited commercial communications, as well as the sending of large volumes of messages in order to block third-party servers. If unlimited calling is one of the features of your rate, it will be allowed as long as reasonable use of the service is made.

5.3. Provide guarantees

Once the registration request is received and, during the term of the Contract,

YOUSIM

may at any time and to guarantee compliance with the obligations derived from it: a. Request the Client to make an unpaid cash deposit or provide a bank guarantee fifteen (15) days in advance. b. Request an advance from the Client based on previous consumption. c. Assign the Client a credit limit. d. Restrict the Customer to higher rate services, premium rate services and international calls. These measures may be adopted, among others, in cases such as: - the existence of unpaid amounts by the Client for any contract, current or not, with YOUSIM or with a third party. - the Client's repeated delay in paying its obligations to YOUSIM, or - the existence of an objective risk of fraud, late payment or illicit use of the Service. In the event of a deposit being established, it will be returned by YOUSIM when it is proven that in one (1) year there has been no delay in the payment of the invoices sent by YOUSIM to the Client. The deposit return period will be fifteen (15) days counting from the day following the day in which the above is accredited. In other cases, the aforementioned measures will disappear as soon as YOUSIM is aware that the assumptions that motivated their adoption no longer exist. If the Client with outstanding debts cancels the Service or requests a change of ownership of their Contract, YOUSIM may execute the guarantee for the total of the outstanding debt. YOUSIM may verify the Client's solvency through automated "scoring" procedures, by obtaining data from the banking entities provided by the Client or through asset and credit solvency files.

5.4. Key custody

The Client is responsible for the custody, diligent use and maintenance of the confidentiality of the passwords, access codes or communications encryption or encryption systems, which are provided to or by YOUSIM in relation to the Service. Likewise, YOUSIM informs you that its website and private area constitute a secure environment to carry out your operations with YOUSIM.

6. Temporary or permanent suspension of service

6.1. Late payment

The delay in the total or partial payment by the Client of the amounts due for the Mobile and/or Broadband service may give rise to the restriction of outgoing calls and/or the temporary suspension of the provision of the Service subject to non-payment, for a period of ninety (90) calendar days from when the incident occurs, with prior notice via SMS forty-eight (48) hours in advance. Once this 90-day period has elapsed, the Service subject to non-payment will be definitively suspended if the entire outstanding debt has not been fully paid. When the Client has paid the debt, the Service will be restored within a period of one (1) business day from the date of receipt of payment by

YOUSIM

. The suspension of the Service does not exempt the Client from the obligation to continue paying the amounts independent of traffic that may accrue and that correspond to the contracted service. In the event 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. In the event that the Client has submitted a claim to the Consumer Arbitration Boards or to the SEAD, YOUSIM will not suspend or interrupt the Service while the claim is being substantiated and the Client reliably records the amount owed, delivering the corresponding receipt to YOUSIM. YOUSIM may temporarily or permanently suspend the service, after notifying the Client, in cases of fraud, objective risk of fraud being committed, presumption or reasonable indications of fraud being committed or for other sufficiently proven reasons of illicit use of the service or lack of service. of constitution of the guarantee requested by YOUSIM in accordance with General Condition 5.3. Cases of fraud, by way of example and not limitation, are considered to be their use for the massive generation of telephone traffic by reselling it or detrimental to the quality of service to other users and, in general, the use of the service for different purposes. of pure interpersonal communication or in a manner contrary to the rules of reasonable use that FYOUSIM may establish for rates, services or promotions.

6.2. Suspension of fiber service by the customer

The Client may request the suspension of the fiber service, in accordance with the following conditions:

• The period of temporary suspension will not be less than one (1) month nor more than three (3) months.
• The calculation of the period of temporary suspension will be carried out by complete calendar months.
• The start of the temporary suspension period will take place on the 1st of the calendar month immediately following the month of your request.
• Once the suspension period indicated here has ended, the fiber service will be automatically resumed by YOUSIM, as well as the collection of the corresponding rate for said service, and this without the need for any communication to the client.
• If the duration of the requested temporary suspension is for a period of 2 or 3 months, the client may revoke said temporary suspension before the end of the period, notifying YOUSIM in writing at least ten (10) days in advance of the month in which you intend to resume service.
• Within a calendar year, no more than a total of three (3) months of temporary suspension may be requested, jointly or separately.
• If the client has agreed on a Permanence period, its calculation will be interrupted when the temporary suspension begins and will be resumed when it ends.
• During the period of temporary suspension, no monthly fee will be charged, but an amount of five 684005106 euros will be charged for service maintenance costs.
• Temporary suspension can only be carried out at the request of the client, if they are up to date with all their payments with YOUSIM.
• To proceed with the temporary suspension, it is necessary to send a signed written request and accompany it with a photocopy of the holder's identity document on both sides, to the email info@wifibahia.com.
• In the event that the fiber service is integrated into a Convergent rate, the temporary suspension of said service cannot be requested.

7. Change of owner

In the event of a change of owner, for which the Client may use any of the means indicated in General Condition 4.1, both the current and the new owner declare that each and every one of the data provided is correct and that they have read, know and accept these Conditions in their entirety. The date of change of payment responsibility will be the day after the approval of the change of owner by yousim, once the necessary documentation has been duly completed and all the requirements demanded by yousim for the activation of a payment have been met. Customer. The change of owner does not exonerate the current owner from paying the amounts accrued until the date of the change. The change of owner allows the accumulated gigabytes that the previous owner had, if applicable, to be transferred to the new owner after the change. On the other hand, with the change to the new owner, the proportional gigabytes are recalculated according to the rate, from the moment of making the change until the end of the month.

8. Transfer of contract

Neither party may assign this Agreement, in whole or in part, to third parties without the prior consent of the other party. For these purposes, companies belonging to the Vodafone Group will not be considered third parties. The foregoing, without prejudice to the possibility of WM, at any time assuming YOUSIM's contractual position in this Contract, for which simple prior notification to the Client one month in advance will suffice.

9. Modification of the contract

The Contract may be modified by YOUSIM, after notifying the Client one (1) month in advance by MMS, SMS, email or other means of individualized communication available when a change occurs in the Service, in its Conditions, rates or in the applicable regulations. In addition to the communication by any of the aforementioned means, YOUSIM will proceed to publish it on the website

www.yousim.es
. The Client may terminate the Contract early without any penalty for this concept if he does not agree with the modification. If the Client continues to use the Service once the change has come into effect, it is understood that they agree to it. The Client must notify YOUSIM of any change in their data, in particular the address and bank account number. In the case of the Broadband Service, changes of address may result in cancellation of the Service.

10. Termination of the contract

This Contract will have an indefinite duration and may be terminated for the general causes of termination of contracts, as well as for the following:

• The Client may terminate the Contract at any time, by notifying YOUSIM, by the same means used to register, by calling684005106 or sending an email requesting unsubscription to info@wifibahia.com. Subsequently, the Client will receive a link in which they must confirm the cancellation request and provide their identity document in order to prove their ownership of the service subject to cancellation. The cancellation request may be accepted or rejected by YOUSIM in which case it will be communicated to the client via SMS. If applicable, the definitive and irreversible withdrawal will be carried out within a maximum period of 48 business hours from your request.
• YOUSIM may terminate the Contract by (a) the termination of the authorization to provide the Service, or (b) failure by the Client to comply with the obligations contracted in this Contract such as delay in payment of amounts owed for a period longer than three (3) months, (c) the temporary suspension of the Contract on two (2) occasions or the definitive suspension of the Service in cases of fraud, objective risk, presumption or reasonable indications of commission of fraud, or (d) for other sufficiently proven reasons for illicit use of the Service or contrary to good faith or practices commonly accepted as correct use of the same. In no case will the termination of the Contract exempt the Client from its payment obligations towards YOUSIM for the use of the Service or for any other concept such as, where applicable, any type of commitment to remain in the Fiber service that the client may acquire. when contracting the Service with YOUSIM or its associates. In the event that the client contracts the Fiber or convergent Pack service with a permanence commitment and the client terminates the contract prior to the fulfillment of said permanence period, the exemption detailed in clauses 2.6 and 2.7 will be void and the client will obliged to immediately pay the full amount (not prorated) of the Installation Expenses, that is, €98.60, VAT included. If the convergent rate is not finally activated, the rate that exists at that time for the individual Fiber service will be applied, thus applying a permanence of (12) months in the fiber-only rate. Any expenses that may accrue to the Client for the termination of the Contract, and specifically the recovery of costs for the installation of the Service and costs related to the router or terminal equipment, if applicable, will be specified in each specific case.

11. Portability

If the Client wishes to maintain mobile numbering that they already own, they will have to select its portability to YOUSIM at the time of contracting. The delivery of the portability request to YOUSIM signed by the Client (prepayment or contract) upon receipt of the order will trigger the start of the operator change process. Once the portability request is signed and delivered, the following clauses are assumed:

• The Client requests registration of the Service in WB and communicates his/her simultaneous desire to cancel the service with the operator that currently provides the Service, maintaining his/her mobile phone number.
• The Client consents to the processing of personal data that concerns them, both those included in the request and those known to the operator with whom they have contracted the service, in a voluntary, free, unequivocal, specific and informed manner. You therefore authorize the transfer of your data from the operator with whom you have contracted your service, to that operator who will henceforth provide it to the object for the purpose and for the exclusive purpose of preserving your number in the portability process and making it conditional on this. reason. All of this in accordance with current regulations and the provisions of section 4.7 of this Contract.
• The Client accepts the possible interruption of the Service at some time within the period between 2:00 and 6:00 hours on the day that the change of operator applies, to allow the necessary actions to be carried out by the operators.
• From the moment the Client delivers the signed portability request, the change of operator must be processed within one (1) business day from delivery, with the change of operator being carried out in the early hours of the next day, always. that the Client has not voluntarily requested a later date for the execution of the portability, and provided that his request has not been denied by the current operator due to any of the following causes: - In the case of postpaid subscribers, lack of correspondence between numbering and subscriber identified by their NIF/NIE/Passport and nationality/CIF. - In the case of prepaid subscribers, lack of correspondence between numbering and ICC-ID or serial number(s) of the SIM(s). - Inactive numbering. - Justified cause of force majeure. - Verification that the SIM card has been reported to the donor operator for theft or loss.
• YOUSIM must inform the Client in the event that their request has been denied, indicating the reason for the denial. For accepted requests, the Client may request information from YOUSIM free of charge about their request and the day on which the effective change of operator will be made. From that moment on, the subscriber will be able to make and receive calls with the new operator and the same telephone number, once the SIM card provided by YOUSIM is inserted into the mobile terminal.
• The Client may request the cancellation of any portability request by calling the number
684005106
Customer Service, with a maximum deadline of 2:00 p.m. on the business day before the change should occur.

12. Specific general contracting conditions for convergent rates

The contracting of “Convergent” services (mobile line + fiber or mobile-only line pack), whatever the rates that are in force at any given time, will be specifically governed by the following rules:

• a) The effective contracting of the Convergent rate will be conditioned and subject in all cases to the technical possibility of installation and start-up of the contracted convergent services.
• b) When the Convergent rate is contracted by a new client (who has not previously contracted services with YOUSIM), the activation in the system of said services as Convergent will be carried out at the time of contracting.
• c) When the Convergent rate is contracted by a YOUSIM customer who had previously contracted any of the services that will be part of the requested convergent rate, the activation in the system of the new service as Convergent together with the service or services already existing, will take place on the 1st of the month immediately following that of this contract. Meanwhile, that is, in the period from the moment of contracting the Convergent rate, until the 1st of the following month, the client will only be invoiced for the new service the proportional part that corresponds to apply for said period on a monthly fee for an equivalent individual service.
• d) In the period from the installation and activation of one of the convergent services to the activation of the service of the other convergent service, only the proportional part that corresponds to apply for said period on a monthly rate for an equivalent individual service will be invoiced.
• e) If during the activation process of the Convergent rate, and for reasons beyond YOUSIM, the client does not activate the mobile line within a maximum period of fifteen (15) business days from the launch of the fiber service, it will automatically be The Convergent rate will be void and the normal rate that exists at that time for that individual fiber service will be applied, thus applying a permanence of (12) months in the fiber-only rate.
• f) If during the activation process of the Convergent rate, or after said process has been completed and the services have already been launched, the client requests the cancellation of one of the two services (mobile or fiber) that make up the Convergent rate (line mobile + fiber or mobile-only line pack), the service that is still registered will immediately have a price in accordance with the normal rate that exists at that time for said individual service. If there is no rate for that individual service from the Convergent rate, and unless the client contracts something else, said individual service will automatically be changed for another service with benefits that are not superior but as close as possible to the Convergent service, applying the rate corresponding to this service of non-superior benefits. However, in the event that the Fiber service is still registered and is supplied through NEBA, the price of said individual service will be €39.90 for 600Mbps speeds and €34.90 for 300Mbps speeds. .
• g) If, once the Convergent rate has been activated, the customer changes its mobile line, the activation of the new mobile line within the Convergent rate will take effect from the 1st day of the month immediately following the change request. .
• h) The request to lower the Convergent rate will be executed by YOUSIM within 48 business hours following the day of its request by the client.
• i) In the event of a reduction in the Convergent rate, and unless the individual fiber service is maintained, the customer must return the router and the rest of the equipment, in perfect condition, to YOUSIM within a maximum period of one (1) month from the withdrawal request. If not, the client must pay YOUSIM a penalty of €684005106 euros after said month.
• j) If for any reason the Convergent rate is not activated or becomes ineffective, but the individual Fiber service is maintained, including the Fiber service provided through NEBA, the conditions provided for such service in the previous point 2 (“Broadband service”), the price of said services, as well as the commitment to permanence and, where applicable, the corresponding charges for possible non-compliance.
• k) Changes of owner: The client may request a change of owner of an entire convergent rate (mobile + fiber or mobile-only line pack), with the new owner having to subscribe and accept the conditions that the old owner previously had for said services.
• l) The mobile-only line pack is made up of 3 mobile lines with 50 gigabytes in total for the 3 lines. The distribution of gigabytes for each line is as follows: The main line contains 30 gigabytes, while the other two contain 10 gigabytes each. By using the gigatransfer, the sending of gigabytes between these lines can be managed at the Client's discretion.
• m) If the client breaks the mobile-only line pack in any way or makes any change to the lines or conditions of said pack, the benefit of the pack will be lost for all lines, in which case the similar rate or rate will be applied to each line. closest in price and conditions available at any given time.
• n) As far as not provided for in these specific regulations, Convergent rates will be subject to the provisions of the rest of these General Conditions for Mobile and Broadband Communications Services for Private Clients of YOUSIM.

13. Specific terms and conditions of contract for landline telephony “TuFijo”

13.1. Object of the contract

By this contract, S.BAHIA T 2012 SL (hereinafter, YOUSIM) makes available to the natural or legal person whose circumstances are outlined in the Service Request attached to this document (hereinafter, the client), the services indicated in those (hereinafter the Service) defined in the Second clause of this contract. The customer can select one or more service options from all those offered in the Service Request.

13.2. Definition of services

The TU FIJO landline telephone access service consists of diverting the owner's landline telephone number to a mobile phone number associated with it. Said mobile phone number has Vodafone coverage throughout the national territory. The service gives the possibility of making calls from the mobile number designated in the contract. The Service will allow metropolitan, provincial, interprovincial, and international calls to be made. The incoming call to the landline number will be automatically forwarded to the assigned mobile number. When the user makes an outgoing call, it will go out with the assigned mobile number, not from the fixed number.

13.3. Obligations of the parties

Furthermore, YOUSIMM is committed to:

• Provide the CLIENT with the Services requested by the CLIENT in the Service Request. The Telephone Service provided by YOUSIM is a fixed telephone service available to the public in indirect access. The YOUSIM Telephone Service is provided over a wireless mobile telephone network, which uses Vodafone radio coverage. This service is conditional on the available Vodafone coverage at the customer's home, in addition to the conditions of the building, interference and inclement weather.
• Deactivate premium rate services and international calls when requested in writing by the CUSTOMER. For these purposes, the CUSTOMER will inform YOUSIM of their intention to disconnect from premium rate services and/or international calls.

YOUSIM will accept both the written request to the YOUSIM address, Calle Officiales 684005106 Chiclana - Cádiz, and those made electronically to the email info@wifibahia.com YOUSIM will proceed to said disconnection within a maximum of TEN ( 10) days from receipt of the CLIENT's communication. In the event that said disconnection does not occur after this period for reasons not attributable to the CUSTOMER, YOUSIM will be responsible for the costs derived from the service whose disconnection is requested.

The CUSTOMER may obtain a new telephone number that will be provided by YOUSIM.

If the CUSTOMER wishes to keep their current YOUSIM telephone number, they will manage portability to other operators and the Reference Entity. In this case, the CUSTOMER must sign the corresponding contract, of which these conditions will form an integral part. This signature must be carried out, both at the time of the initial contract, and each time the operator providing the fixed telephone service available to the public of YOUSIM is modified, as established in article 5.2 of Royal Decree 684005106, of 22 of May, which approves the charter of user rights for electronic communications services.

The CLIENT undertakes to:

• Respect the regulations regarding intellectual property, interference in private communications or obtaining confidential information or any illegal act established in the regulations governing the Information Society.
• Make your own non-excessive and reasonable use of the contracted Service. Do not use the contracted Service for intensive or abusive use, nor in simbox or switchboards. Excessive or unreasonable use is understood to be that which exceeds or is above the average or normal use of the service. If use contrary to the indicated rules or that may be fraudulent or abusive is detected, YOUSIM may suspend the service provisionally or permanently.
• Provide YOUSIM with access to the place where the Service is received so that it can comply with the obligations contracted in this Contract, if necessary.
• Refrain from modifying, moving or manipulating in any way the access equipment to the contracted Service.
• Pay the amount required by YOUSIM, for the receipts issued, which will include the consumption of the calls, as well as the monthly rate of the Service, all within the monthly billing and collection periods.




• 13.4. Responsibility for Services

  The CLIENT undertakes to respect the regulations relating to intellectual property or industrial property, interference in private communications or obtaining confidential information or any illegal act or act that gives rise to damage to third parties that occurs during the use by the CLIENT of the contracted services, or the use of said services by third parties. It will be considered that there is a breach of contract by the CLIENT if third parties, through the terminal used by said client, use the telephone services in a way that damages the image of YOUSIM, or commits any infractions mentioned in this contract or any other action contrary to current legislation.

  In the event that during an intervention to solve a breakdown it is found that the cause is attributable to the CLIENT due to improper manipulation of YOUSIM equipment, the CLIENT exempts YOUSIM from any responsibility for the services. Occasional interruptions carried out by YOUSIM due to improvements in service, repairs or network maintenance will not give the right to compensation in favor of the CUSTOMER.

  In any case, YOUSIM's total liability arising in relation to this contract will not exceed, under any circumstances, the amounts paid to YOUSIM for the Service in the THREE (3) months prior to the date of said claim.

  13.5. Troubleshooting

  The CUSTOMER may communicate to YOUSIM, through the different contact forms that appear on the website of

  www.yousim.es
  , any complaint, claim or any contractual incident. Based on the communication, YOUSIM will resolve said incident in the shortest possible time.

  YOUSIM will provide the CLIENT, through any medium that allows it, with accreditation of the presentation and content of the incident or claim. In any case, YOUSIM will provide the CLIENT with a reference number for said incident.

  If the CLIENT has not obtained a satisfactory response to their claim, within a period of one month, they may direct their claim to the Secretary of State for Telecommunications and the Information Society.

  13.6. Characteristics of the TU FIXED service

  • Through the TU FIJO service, you can use your usual landline number or a new one in addition to being able to take it with you wherever you want, by using a forwarding to a mobile number.
  • Without a line fee, registration or maintenance, you will only pay the price of the requested rate and those excesses that have been generated as a result of additional or chargeable calls from the mobile line.
  • The rates associated with the TU FIJO service include call establishment (once the rate has been consumed, €0.15 per call establishment and €0.036/min plus corresponding taxes are applied).
  • The TU FIJO rates do not include calls to special or additional rate numbers, nor short numbers (90X, 80X, 118XX...) which will be charged according to each number. Calls to international numbers are also not included.
  • With the TUFIJO service you can use any terminal that supports a SIM card.
  • The TU FIJO service is not compatible with telecare services.

  In matters not contemplated in these specific contracting conditions, the provisions of the general contracting conditions of YOUSIM will apply.https://www.yousim.es/terminos-y-condicionesas appropriate. In the event of a discrepancy between these general conditions and these specific conditions, the latter will prevail for the “TU FIXED” service.

  14. Specific terms and conditions of contracting for additional telecommunications services

  In order to enable the activation of the additional telecommunications services contained below in this point and provided by entities other than S.BAHIA T 2012, SL (YOUSIM), we inform you that they will only be activated on the NIF of the owner of the service, for Therefore, in order to enjoy such services, the owner must use the same data that has been communicated to YOUSIM.