GENERAL TERMS AND CONDITIONS OF CONTRACTING THE SERVICES OF HOLAWIFI COMERCIALIZADORA S.L.
These General Terms and Conditions, together with the Special Conditions, the Descriptions of Services and the Fee Schedules that may be established in each case, and others that will be published on the website www.holawifi.net constitute the following
the CONTRACT being the only ones applicable - unless otherwise expressly agreed in writing between the parties - and regulate the relations between HOLAWIFI COMERCIALIZADORA S.L. (hereinafter HOLAWIFI), and those individuals, professionals, and
companies (hereinafter referred to as "THE CLIENT") that contract the services offered by HOLAWIFI. HOLAWIFI is a commercial company with registered office at Aptdo. Correos no 2, Ondara 03760 (Alicante), and with C.I.F B-54945761. Likewise, the present Conditions
The General Conditions shall apply as long as they do not contradict the Particular Conditions, the Descriptions of Services and the Tariff Schedules that may be established in each case. The latter shall in all cases prevail in the
relationship between THE CUSTOMER and HOLAWIFI. THE CUSTOMER expressly acknowledges that he/she has read this document in its entirety, understands it and agrees to be bound by its terms and stipulations fully and unreservedly as of the date hereof.
the moment in which the first service is contracted and you have proof by any means of the registration of the services provided by HOLAWIFI, acceptance that will be maintained throughout the duration of the CONTRACT.
1.-PURPOSE. This contract regulates the terms and conditions for the provision of electronic communications services by
HOLAWIFI consisting of Internet connectivity and, where appropriate, IP telephony, mobile telephony, television, internet radio and landlines.
ADSL/VDSL/FIBRA fixed lines that it makes available to the CUSTOMER with the due consideration from the CUSTOMER to HOLAWIFI.
2.-SERVICES. HOLAWIFI's service will provide the Customer with a wireless internet connection as the primary service and
It may also have additional services associated with it, such as IP telephony, mobile telephony, television, internet radio, etc.
and ADSL/VDSL fixed lines. These will be detailed in this contract, in an Annex to this contract or on our website.
For the activation of these services, if their use is possible, the CUSTOMER will have to contact HOLAWIFI, which will have to
explain the conditions and characteristics of the service. The cost of registration and installation is subject to market conditions and
includes the travel of an installer, the installation of an antenna and a router, up to 3 hours of work and 15m of cable.
3.-EQUIPMENT CONDITIONS. 3.1. Equipment. HOLAWIFI will provide the CUSTOMER with the equipment and accessories in perfect condition.
conditions of use for the provision of the service, which shall be detailed on the front of this contract, indicating which
HOLAWIFI will sell, lease or lend the equipment to the CUSTOMER. The loaned equipment has a value of up to 390€ plus
taxes. 3.2. Refund. In the event of cancellation, rescission or termination of the Contract, THE CUSTOMER shall be obliged to return the
equipment to HOLAWIFI. In the event that after fifteen days, the CUSTOMER has not returned the equipment, HOLAWIFI will
may demand payment of the value of the equipment not returned. The CUSTOMER undertakes to allow access to his home of the
person authorised by HOLAWIFI, in order to recover the equipment and materials. The company has the necessary means to
antenna installation up to a height of 5m. This limit will only be exceeded if the customer undertakes to provide the means to do so.
necessary not only for installation, but also for eventual repair or removal.
4.- OBLIGATIONS AND RESPONSIBILITIES OF THE CUSTOMER FOR THE EQUIPMENT. The CUSTOMER shall be responsible for the
damage caused by improper or unauthorised use or handling of the equipment delivered, the CUSTOMER shall be liable for the following
any claims that may arise. In order to ensure the correct functioning of the service, HOLAWIFI
shall provide the CUSTOMER with instructions on how to use it. The CUSTOMER shall comply with such instructions. THE
The CUSTOMER shall be responsible for the safekeeping and proper use of the equipment and materials, and in the event of loss, theft, destruction, etc., the CUSTOMER shall be responsible for the safekeeping and proper use of the equipment and materials. THE
The CUSTOMER shall indemnify HOLAWIFI for an amount equal to the full cost of repairing the equipment or,
for the totality of its initial value discounting the amount that THE CUSTOMER has advanced according to its "specific and
The compensation shall be paid by bank transfer. The compensation shall be paid by bank transfer. In the event of damage to the equipment - after
are installed at the CUSTOMER's premises - and provided that the warranty of the equipment is not covered, the CUSTOMER will have to
pay the 100% of the replacement plus the technician's travel and installation costs. In any case, THE CUSTOMER,
whether or not it is covered by the guarantee, you will have to pay for the travel and new installation by the technicians. THE CUSTOMER
assumes responsibility for any consequences, damages or actions that may result from the configuration, manipulation or
incorrect use of these products. HOLAWIFI shall not be liable for such infringements by the CUSTOMER and shall not be able to
The CUSTOMER shall not claim any compensation from HOLAWIFI. THE CUSTOMER shall be obliged to ensure that all equipment used for
The service must have a "C.E.S" (Consumer Equipment Standards) mark and must comply with the instructions of
security specified therein. The CUSTOMER must guarantee and put all the means at its disposal to ensure that there is a
permanent connection to a mains power supply whose fluctuations do not vary from 220v-240v. Failure to comply with this may cause
damages that will be attributable to the CUSTOMER. The CUSTOMER is obliged, upon request to HOLAWIFI, to provide access to the CUSTOMER's
facilities and technical services physically or by computerised means, from the time of signature of the present document
contract. Otherwise, HOLAWIFI will not be liable for any malfunction of the same. The CLIENT authorises HOLAWIFI to
to install equipment in your home to provide a greater guarantee of services to your customers whenever necessary.
HOLAWIFI may, if necessary, temporarily suspend the service for maintenance, repair, maintenance, repair, repair, repair, repair, repair, repair, repair, repair, repair, repair, repair, repair, repair, repair, repair, repair, repair and maintenance.
or extensions. HOLAWIFI will endeavour to restore service as soon as possible after any suspension. Please visit
attached to this contract, Annex of consent of the CUSTOMER and the type of insurance that covers all the insurance policies of the CUSTOMER.
the installations involved in connection with this Contract. Antennas that are installed in a location with a low
If the CUSTOMER so requests, the CUSTOMER shall be responsible for the travel expenses of the installer, at the request of the CUSTOMER.
in the event of future service instability.
5.-OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT IN GENERAL.
The CUSTOMER shall provide HOLAWIFI with correct and complete information and shall inform HOLAWIFI immediately about
any modification of the data provided and to confirm them again, at HOLAWIFI's request, within a period of 5 days from the date of the request.
the application. The CLIENT is fully responsible for the content of its website, the information transmitted and stored,
of their exploitation, hypertext links, third party claims and legal action that their action may lead to
could be triggered. The CUSTOMER shall take due precautions to ensure that the service is not misused:
-Fraudulent use or in connection with any criminal offence.
-Sending, receiving, uploading, downloading or using any offensive, abusive, indecent, defamatory or libellous material,
obscene or threatening, or violates any term of copyright, confidentiality, privacy or any other right.
-To cause any unnecessary discomfort or anxiety.
-Promote or send spam or provide advertising or promotional material or receive spam,
unsolicited advertising or unsolicited material sent to or by a third party.
-Any other actions deemed detrimental to the provision of service to customers. Actions contrary to
the rules, laws, licences and rights of third parties or in contravention of HOLAWIFI's acceptance of use policies.
The CUSTOMER may not redistribute the HOLAWIFI services to any third party, whether free of charge or for a fee. The service
provided by HOLAWIFI is for the exclusive use of the CLIENT and at the address where it is contracted. Therefore, it is not permitted to
re-sale, transfer, assignment or sub-licensing of such service (and/or any part thereof) or the associated software unless
express written permission is granted. The CUSTOMER shall be liable for any errors or failures in the service caused by
viruses or other computer attacks. Cable installations shall only be carried out with the consent and responsibility of the CUSTOMER.
and/or antennas in those areas which in principle are or affect a common element of the community (façades, etc.).
6. OBLIGATIONS AND RESPONSIBILITIES OF HOLAWIFI.
HOLAWIFI shall provide the contracted service(s) in accordance with the terms and conditions agreed between the parties, in accordance with the law.
applicable law, good faith and established usage specifications. HOLAWIFI cannot guarantee that the availability of the
systems to be continuous and uninterrupted during the period of the CONTRACT, due to the possibility of problems in the
Internet network, infrastructure failures and other unforeseeable contingencies. HOLAWIFI shall be obliged to use
all means at its disposal to proceed with the activation of the services on the agreed date. However, the following should be taken into account
Please note that all dates are estimates and HOLAWIFI cannot guarantee that they will be met exactly.
HOLAWIFI shall in any case be liable for damages resulting from a wilful or grossly negligent breach of contract.
reckless breach of its contractual obligations, whereas if the breach of contract arises from other causes, the
HOLAWIFI's liability shall be limited to the amount of damages foreseen or foreseeable at the time of conclusion of the contract.
of the contract, excluding in any case the loss of profit. In all cases, and except in the case of mandatory legal provisions in the sense of
otherwise, HOLAWIFI's liability towards the CUSTOMER is limited to the amount actually paid.
by the customer as consideration for the contracted service. If the antenna is owned by the customer as a result of its acquisition from HOLAWIFI
and it breaks down, with HOLAWIFI's prior authorisation, the CUSTOMER must send it by post in order to be able to process the guarantee,
to the following address: C/ Segaria No 1, 2o pta. 4, 03760 Ondara (Alicante) or to any HOLAWIFI office. If
If you prefer one of our technicians to visit you, you will have to pay the travel costs (119€ VAT included). If the brand warranty
covers the damage, the antenna will be sent back to you by post, even if you prefer one of our technicians to visit you,
The CUSTOMER will have to pay the costs of travel and reinstallation. If the brand does not cover the repair, THE CUSTOMER will have to
bear the cost of repair or purchase of a new antenna plus travel expenses. As long as the antenna is
HOLAWIFI may provide the CUSTOMER with an antenna free of charge in order to avoid being left without internet connection, but in no case may HOLAWIFI leave it without cost.
The technical service and travel expenses will be covered in this case. HOLAWIFI, in the event of the need to replace equipment due to breakdown or
robo, undertakes to re-establish the supply, subject to the CUSTOMER's approval of the estimate. THE CUSTOMER accepts
that HOLAWIFI's service hours will be from Monday to Sunday from 7:00 to 00:00. The service will be provided as follows
fast possible depending on availability. HOLAWIFI is not liable:
A) Of the content hosted on the systems contracted by the CLIENT.
B) Damages and losses caused by the defective management or configuration carried out by the CUSTOMER in the use of the services.
contracted services.
C) Damages of any nature that may be caused to a third party or to the CLIENT as a consequence of the
improper or illegitimate use of the contracted services by the CUSTOMER.
D) HOLAWIFI shall have no liability whatsoever for any loss not foreseeable at the commencement of this contract, nor for any loss of profit, loss of profit or loss of profit.
any loss of opportunity, goodwill, reputation, business, margin, profit or savings that the CUSTOMER expects to obtain,
any disbursements or information that has been lost or corrupted.
E) When inclement weather changes the average statistical conditions in the installation area, HOLAWIFI cannot
ensure support for file sharing programs, p2p traffic or programs that require continuous high bandwidth usage.
HOLAWIFI may limit the number of sessions available for these applications. The service allows the CUSTOMER access to
internet. Such access is not linked to the service and use of the internet, which shall be at the responsibility and risk of the CLIENT.
and subject to applicable laws. HOLAWIFI shall have no liability for any goods, services, information, software or other material.
which can be obtained via the internet.
7.-PRICES AND PAYMENTS. The price of the contracted services is stipulated by the current rates published on the website.
HOLAWIFI or communicated to the CLIENT. These rates may be modified by HOLAWIFI for any reason
technical and circumstantial. All prices quoted are without the addition of any indirect taxes applicable in accordance with the
applicable legislation at all times, such as Value Added Tax (VAT). HOLAWIFI will send its invoices for
email at the time they are generated. The CLIENT accepts their receipt by this means. HOLAWIFI, once signed the
The CUSTOMER shall present its first receipt to the CUSTOMER showing the installation and equipment charges. This receipt
will be paid in cash to the installer at the moment of finishing the installation. HOLAWIFI, once this receipt has been paid, will carry out the
commissioning of the equipment within a maximum of 7 days. HOLAWIFI will issue a joint invoice for services.
offered in advance, being remitted to the CUSTOMER each month by bank receipt or as soon as possible by
by HOLAWIFI. In addition and for technical reasons that cause a delay in the preparation and collection of the invoice,
THE CUSTOMER agrees that the necessary bank debits may be drawn on him/her to complete the arrears even if there is more than one payment due.
of a debit within the same month. The CUSTOMER has hereby signed the SEPA Direct Debit Direct Debit Direct Debit Receipt.
thereby accepting its conditions. Any payments made by THE CUSTOMER that involve an expense for HOLAWIFI will be
The CUSTOMER shall bear the full cost of the service in the next invoice. Without prejudice to the foregoing, any rescheduling or reprogramming service or
Repairs involving the travel of technical personnel shall be paid for in cash at the time of repair. In the event of
if the payment is not made in accordance with the terms and conditions, HOLAWIFI reserves the right to temporarily suspend the payment.
of the service or services contracted. If the CUSTOMER does not proceed with the payment after the notice of suspension, HOLAWIFI will be able to request the payment of the service or services.
the termination of the contract and the CUSTOMER will cause the definitive cancellation of the service due to breach of the CONTRACT, eliminating all
the data associated with the contracted service. If the CUSTOMER wishes to make any changes to the bank details, process a cancellation of the service or cancel the contract.
HOLAWIFI must be notified by sending an email, as mentioned in point eight of the
contract, before the 15th day of each month.
Any non-payment shall be notified to the CUSTOMER. However, if within one week following the relevant
If the CUSTOMER has not paid in full, HOLAWIFI will proceed to disconnect the service.
In the event of reconnection, the CUSTOMER shall pay the amount in force at that time. Without prejudice to the foregoing, in the event of
In the event of non-payment, the CUSTOMER shall be liable for the costs of repayment and any interest that may be generated. For each
bank refund due to causes attributable to the CUSTOMER, HOLAWIFI shall be entitled to charge a surcharge
based on a management fee of €30 plus VAT. Holiday contract: holaWifi offers the possibility of making
temporary internet activations after the first year of service and will only be billed for as long as the customer
active service, provided that the activation period is equal to or more than 90 days per year. Periods of
activation shall have a minimum duration of one month. In order to apply, the date of reactivation must be communicated together with
the deactivation at least one week in advance of each activation period.
8.- COMMUNICATIONS BETWEEN THE PARTIES. 8.1 Means of communication between the parties. The CUSTOMER may communicate
with HOLAWIFI via e-mail (info@holawifi.net). HOLAWIFI shall have no liability for the consequences of this.
arising from the lack of operability of the CUSTOMER's e-mail address and/or the lack of communication of the change in the CUSTOMER's e-mail address.
address or other contact details provided. The CUSTOMER may under no circumstances allege a lack of information.
where this is due to his own negligence in keeping the contact details provided active and up to date
for the provision of the contracted services. Communications between the CUSTOMER and HOLAWIFI's personnel shall
observe elementary rules of respect. 8.2 Form of the CUSTOMER's notifications. All notifications or other
communications to be made by the CUSTOMER shall be carried out by e-mail.
(info@holawifi.net).
9.- RIGHT OF WITHDRAWAL. Where the CUSTOMER is a consumer and the contract has been concluded without the presence of
The CUSTOMER shall have the right to withdraw from the contract, without penalty and without the need to indicate the reasons for the withdrawal.
reasons, within 14 calendar days from the notification of the service contracted, by means of a declaration by
in writing sent by email (info@holawifi.net). The CLIENT shall not have the right to withdraw from the contract in cases where
HOLAWIFI has supplied it with goods or merchandise made to the CUSTOMER's specifications, or
clearly designed and customised according to your needs, when HOLAWIFI has started to provide the service.
service by express order of the CUSTOMER issued prior to the expiry of the withdrawal period. If the customer withdraws,
shall pay the cost of the installation service referred to in the second paragraph, provided that it has been promoted.
10.- SUSPENSION OF THE SERVICE. HOLAWIFI reserves the right to temporarily suspend the contracted services.
where necessary to maintain the security or integrity of the network, the Software or previously stored data
communication by email addressed to the CUSTOMER, with sufficient advance notice, unless, for reasons of force majeure, it was not possible to
possible to make such communication. If the suspension of the service is caused by wilful or negligent conduct on the part of
If the CUSTOMER's service is not available, HOLAWIFI may demand, where appropriate, the payment of additional amounts derived from the restitution of the service.
In the event of non-payment of mobile telephony, HOLAWIFI may suspend the service from the date HOLAWIFI becomes aware of the non-payment.
of such a circumstance. Once it is aware that the amount due has been paid, it will restore the service as soon as possible.
as soon as possible and within a period not exceeding 72 hours. Suspension of service does not automatically result in the termination of the service.
the contract, but that even if the service remains temporarily suspended due to non-payment, the contract shall be deemed to be in force.
and will continue to generate invoices for the following monthly instalments until the debt is fully settled or
until the termination of the contract, without prejudice to the claim of the outstanding amounts in the latter case.
11.- DURATION OF THE CONTRACT:
THE CONTRACT has a duration that starts to be effective from the first hour of the operation of the service with date
of its signature, having a minimum validity date to be specified therein, together with the penalty according to the months of
activity. This contract shall be binding on the CUSTOMER from the date on which it enters into force.
operation of the service.
If the contracted offer is an Annual Payment the minimum duration is one year and in the case of early termination the
monthly payment conditions (registration and monthly fee) in force at the time of contracting.
In addition, in the event that the CUSTOMER fails to comply with the commitment of permanence, the CUSTOMER must return the equipment or
pay the cost of the same (indicated in point 3 of the contract), as well as pay the sum of 150€ corresponding to
bear part of the cost of installation (indicated in point 2).
12.- WAIVER AND THIRD PARTY RIGHTS. Neither party should consider the waiver of its rights in the
This contract by reason of failure or delay in the exercise of any right. A person who is not a party to the
shall not be entitled to any of the terms of this contract.
13.- TERMINATION OF THE CONTRACT.
THE CONTRACT may be terminated for the following reasons:
A) For failure to comply with applicable legislation.
B) For breach of the principles of good faith and legitimate expectations that must be present in the contractual relationship.
between the parties.
C) For non-compliance with the clauses of the CONTRACT, including the conditions established for the use of the services.
contracted. The party who has incurred in a cause for termination of the contract shall not be entitled to reimbursement of any
amount paid in advance for any reason whatsoever.
D) By decision of the CUSTOMER, communicated sufficiently in advance and at least 15 days prior to the date of termination, which may include
request by the same means by which the service was requested. In the case of mobile telephony and 4G service, the contract may also
be resolved:
E) For non-payment of contracted mobile telephony services for a period of more than 45 days, which is reduced to 15 days.
days if the non-payment occurs in the 4G internet service.
F) For the temporary suspension, on two occasions, of the contract due to late payment.
14.- COMPLAINTS.
The CUSTOMER may submit complaints related to the service by sending an email to (info@holawifi.net), in such a way that
The complaint will be registered in HOLAWIFI's quality system, so that it is possible to follow up on the complaint with
in order to enable us to act in the best possible way to satisfactorily resolve your complaint. Any complaint
must be submitted within a maximum of 30 working days from the moment the CUSTOMER has
knowledge of the event giving rise to the complaint. HOLAWIFI undertakes to resolve the complaint submitted by THE
CUSTOMER within 15 working days of receipt of the same, except in cases of force majeure. During this period, THE
The CUSTOMER shall not take any action against HOLAWIFI and shall not request the termination of the contract for the reasons that gave rise to the contract.
to the complaint.
15.- APPLICABLE LAW AND JURISDICTION. For the resolution of any disputes or disagreements that may arise between the
parties, in relation to the interpretation, content, execution or termination of the CONTRACT, if the CONTRACT has been formalised with
a consumer, the Courts and Tribunals of the domicile of the latter shall have jurisdiction; whereas, if the CONTRACT is concluded with
with an employer or professional, both parties expressly waive any other jurisdiction that may be applicable to them.
The parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Denia (Alicante).
16.-DATA PROCESSING. PRIVACY AND PROTECTION OF CUSTOMER DATA AND OTHER AUTHORISATIONS.
HOLAWIFI guarantees that all data collected from the CLIENT will be processed in accordance with the Spanish Data Protection Act.
Protection of Personal Data. THE CUSTOMER authorizes HOLAWIFI to use and process the data of
personal character provided by the latter, in order to be able to provide the contracted service. The CLIENT also agrees that
HOLAWIFI processes your data for the following purposes:
A) carry out general commercial actions or actions adapted to your profile, of the services provided by HOLAWIFI during or after the course of the services provided by HOLAWIFI.
after the term of the CONTRACT, which may be made by any means of communication (telephone, e-mail, etc.),
SMS, MMS, etc.);
B) access and process your navigation data, only to the extent and for the time necessary for the provision of the services
contracted services. When the development, fulfilment and control of the contracted services necessarily involve the
The data may only and exclusively be transferred in connection with the processing of data with third party files for this purpose.
purpose of providing the services contracted by the CLIENT. The CLIENT's data will be stored in a file.
located on HOLAWIFI's servers with the necessary physical and remote security measures in order to
guarantee the security of said file. The CLIENT has the right of access, rectification, opposition and cancellation of the data.
personal data that you provide to HOLAWIFI in accordance with current Spanish data protection legislation
personal data, which may be exercised by sending a letter to the following e-mail address (info@holawifi.net). Or
in person at the offices of HOLAWIFI COMERCIALIZADORA S.L. located at Calle Segaria Nº 1, 2º pta.4 in Ondara.
(03760 Alicante). HOLAWIFI will not be responsible in any case for the veracity and updating of the data provided by HOLAWIFI.
CLIENT in the development of the provision of the contracted services. This responsibility will fall exclusively on the
own CLIENT. The client authorises Holawifi Comercializadora SL to use part or all of the installed equipment.
at your home for advertising purposes, by attaching stickers to antennas, routers, etc.
17.- SPECIAL CONDITIONS FOR MOBILE TELEPHONY.
Application for portability. The delivery of the portability request signed by the subscriber or by means of a phone call to
operator to which you want to switch to, will trigger the start of the switching process. Once the application has been signed and submitted
The following clauses are assumed for the portability agreement:
- In the case of requesting portability, the person whose details are included in the contract requests registration of the service with HolaWifi,
and communicates his simultaneous desire to unsubscribe from the operator currently providing the service, indicated as operator
donor, retaining their mobile phone number.
- The subscriber accepts the possible interruption of service at some time within the period between 2:00 and 6:00 a.m. on
day that the change of operator applies, in order to allow the necessary actions to be taken by the operators.
- THE CUSTOMER may cancel his or her request for mobile portability free of charge until 14:00 on the day before the date of the
change. The request for cancellation must be made by the holder of the line whose portability is to be cancelled through the
phone 671.113.113 or by visiting a HolaWifi distributor in person.
- The "unlimited" mobile tariffs include 3,000 minutes of calls to national landlines and mobiles without any additional cost.
destination limit and a maximum of 300Gb in data usage, subject to fair usage rules and calculated at the rate of one
consumption 30 times higher than the average of the lines marketed. However, this limit may be higher on the
contracting some tariffs that have a special promotion or a pre-set upper limit at the time of contracting them.
contracting. See pricing once the entire voucher has been used up. Does not include calls to premium rate numbers.
special.
- When travelling abroad, mobile data usage may be limited. See roaming conditions
for the country of travel, as well as call and data charges for destinations outside the Economic Area.
European Economic Area (EEA) and United Kingdom.
- The 4G internet service can be re-registered if the service has been cancelled due to non-payment. The cost of the
reactivation will be 30€ and could be used again on the same equipment, with the customer making the technical adjustments.
necessary. In the event that a technician has to travel to the customer's home to carry out the readjustment, the cost will be
of 60€. When the contract is terminated both by the customer and by holaWifi due to non-payment or technical problem, the customer will
you must return the router by post or in person at any holaWifi office. Failure to return the 4G router
The loan will be subject to a penalty of €50 for non-compliance with the obligation.
