1.-PURPOSE. This contract regulates the conditions for the provision of electronic communications services of HOLAWIFI consisting of Internet connectivity and, where appropriate, IP telephony, mobile telephony, television, internet radio and ADSL/VDSL/FIBRA fixed lines that are made available to the CLIENT with the due payment by the CLIENT to HOLAWIFI.
2.-SERVICES. The HOLAWIFI service will provide the Customer with a wireless internet connection as the main service and may also have additional services associated with it such as IP telephony, mobile telephony, television, internet radio and ADSL/VDSL fixed lines. These will be detailed in this contract, in an Annex to the contract or on our website. For the activation of these services, if possible, THE CUSTOMER will have to contact HOLAWIFI, who 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 displacement of an installer, the placement of an antenna and a router, up to 3 hours of work and 15m of cable.
3.-EQUIPMENT CONDITIONS. 3.1. Equipment. HOLAWIFI will make available to the CUSTOMER the equipment and accessories in perfect conditions of use for the provision of the service, which will be detailed in the front part of this contract, indicating which specific equipment HOLAWIFI will sell, transfer or lend to the CUSTOMER. The loaned equipment has a value of up to 390€ plus taxes. 3.2. Return. In the case of In the event of cancellation, termination or rescission of the Agreement, the CUSTOMER shall return the equipment to HOLAWIFI. In the event that after fifteen days, the CUSTOMER has not returned the equipment, HOLAWIFI may demand payment of the value of the equipment not returned. The CUSTOMER agrees to allow access to his home to the person authorised by HOLAWIFI, in order to recover the equipment and materials. The company has the necessary means to install the antenna up to a height of 5m. This limit will only be exceeded if the customer undertakes to provide the necessary means not only for the installation, but also for its eventual repair or removal.
4.- OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT ON THE EQUIPMENT. The CUSTOMER will be responsible for any damage caused by the inappropriate or unauthorized use or manipulation of the equipment delivered, and any claim that may arise will be the responsibility of the CUSTOMER. In order to ensure the correct operation of the service, HOLAWIFI will provide the CUSTOMER with instructions on how to use the service. The CUSTOMER must follow these instructions. The CUSTOMER will have to take care and use the equipment and materials properly, and in case of loss, theft, destruction, etc., the CUSTOMER will have to indemnify HOLAWIFI for the loss of the equipment and materials. The CUSTOMER shall indemnify HOLAWIFI for an amount equal to the total cost of the repair of the equipment or for the total initial value, deducting the amount that the CUSTOMER has advanced according to its "specific and individualised" Contract. The compensation shall be paid by bank transfer. In the event that the equipment is damaged - once it has been installed in the CUSTOMER's home - and provided that the equipment guarantee is not covered, the CUSTOMER will have to pay 100% for the replacement of the equipment plus the travel and installation costs incurred by the technician. In any case, the CUSTOMER, whether or not covered by the warranty, will have to pay for the travel and new installation by the technicians. THE CUSTOMER assumes responsibility for the consequences, damages or actions that may arise from the configuration, manipulation or incorrect use of these products. HOLAWIFI will not be responsible for such infractions by the CUSTOMER, and the CUSTOMER will not be able to claim any compensation from HOLAWIFI. The CUSTOMER must ensure that all equipment used for this service has a "C.E.S." (Consumer Equipment Standards) label and must comply with the safety instructions specified therein. The CUSTOMER must guarantee and put all the means at its disposal to ensure that there is a permanent connection to the electrical current whose oscillations do not vary from 220v-240v. Failure to comply with this may cause damage that will be attributable to the CUSTOMER. The CLIENT is obliged, upon request to HOLAWIFI, to facilitate access to its installations and technical services physically or by computer means, from the moment of signing this contract. Otherwise, HOLAWIFI will not be responsible for any malfunction of the same. The CLIENT authorizes HOLAWIFI to install equipment in the CLIENT's home to provide a greater guarantee of service to its clients whenever necessary. HOLAWIFI, if necessary, may temporarily suspend the service for maintenance, repairs or extensions. HOLAWIFI will endeavour to restore service as soon as possible after any suspension. Attached to the present contract is an Annex of consent from the CLIENT and the type of insurance that covers all the installations that are carried out in relation to the present contract. Antennas that are installed in a location with a low signal at the request of the CUSTOMER, the CUSTOMER will be responsible for the travel expenses of the installer arising from this, in the event that the service is unstable in the future.
5.-OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT IN GENERAL. The CUSTOMER shall provide HOLAWIFI with correct and complete data, and shall immediately inform HOLAWIFI of any changes to the data provided and reconfirm them, at HOLAWIFI's request, within 5 days of the request. The CUSTOMER is fully responsible for the content of its website, the information transmitted and stored, its operation, hypertext links, third party claims and any legal actions that its actions may trigger. The CLIENT 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 material that is offensive, abusive, indecent, defamatory, obscene or threatening, or breaches 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 unsolicited spam, advertising or unsolicited material from or on behalf of a third party.
-Any other actions deemed detrimental to the provision of the service to customers. Actions in contravention of the rules, laws, licenses 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 for free or for a fee. The service provided by HOLAWIFI is for the exclusive use of the CUSTOMER and at the address where it is contracted. Therefore, no re-sale, transfer, assignment or sub-licensing of such service (and/or any part thereof) or associated software is permitted, unless express written permission is granted. Errors or failures of the service caused by viruses or other computer attacks shall be the responsibility of the CUSTOMER. Only with the consent and responsibility of the CUSTOMER will cable and/or antenna installations be carried out in those areas that in principle are or affect any 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, applicable law, good faith and established usage specifications. HOLAWIFI cannot guarantee that the availability of the systems will be continuous and uninterrupted during the term of the CONTRACT, due to the possibility of problems in the Internet network, infrastructure failures and other possible 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, it should be noted 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 its contractual obligations, whereas if the breach of contract occurs for other reasons, HOLAWIFI's liability shall be limited to the amount of damages foreseen or which could have been foreseen at the conclusion of the contract, excluding in any case loss of profit. In any case, and unless otherwise provided by law, HOLAWIFI's liability to the CUSTOMER is limited to the amount actually paid by the CUSTOMER as consideration for the contracted service. If the antenna is the property of the client due to its acquisition from HOLAWIFI and it breaks down, with prior authorisation from HOLAWIFI, the CLIENT must send it by post in order to process the guarantee, to the following address: C/ Segaria No 1, 2o pta. 4, 03760 Ondara (Alicante) or go to any HOLAWIFI office. If you prefer one of our technicians to come to you, you will have to pay for the trip (30€ plus VAT). If the brand's guarantee covers the damage, the antenna will be sent back to you by post, or if you prefer one of our technicians to come to you, you will have to pay the cost of the journey and the new installation. If the brand does not cover the repair, the CUSTOMER will have to pay for the cost of repair or to buy a new antenna plus travel expenses. While the antenna is being repaired, HOLAWIFI may leave an antenna at no cost to the CUSTOMER so as not to be left without internet connection, but in no case will the technical service and travel costs be covered. HOLAWIFI, in the event of the need to change equipment due to breakdown or theft, undertakes to re-establish the supply after approval of the budget by the CUSTOMER. The CLIENT accepts that HOLAWIFI's technical service hours will be from Monday to Sunday from 7:00 to 00:00. The service will be provided as quickly as possible depending on availability. HOLAWIFI is not responsible:
A) Of the content hosted on the systems contracted by the CLIENT.
B) Damages caused by defective management or configuration carried out by the CUSTOMER in the use of the contracted services.
C) Damages of any nature that may be caused to a third party or to the CLIENT as a consequence of the undue or illegitimate use of the contracted services by the CLIENT.
D) HOLAWIFI shall have no liability for any loss not foreseeable at the inception of this contract, nor for any loss of opportunity, goodwill, reputation, business, margin, profit or savings expected by the CUSTOMER, any disbursement or information which has been lost or corrupted.
E) When inclement weather changes the average statistical conditions in the installation area, HOLAWIFI cannot guarantee 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 the internet. Such access is not linked to the service and use of the internet, which is at the responsibility and risk of the CUSTOMER and subject to applicable laws. HOLAWIFI shall have no liability for goods, services, information, software or other material which may be obtained through the internet.
7.-PRICES AND PAYMENTS. The price of the contracted services is stipulated by the current rates published on the HOLAWIFI website or communicated to the CLIENT. These rates may be modified by HOLAWIFI for circumstantial and technical reasons. All prices indicated are understood to be without the addition of indirect taxes applicable according to the applicable legislation at any given time, such as Value Added Tax (V.A.T.). HOLAWIFI will send its invoices by e-mail at the moment they are generated. The CLIENT accepts to receive them by this means. HOLAWIFI, once this contract has been signed, will present its first invoice to the CUSTOMER, which will include 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 commission the equipment within a maximum period of 7 days. HOLAWIFI will issue a joint invoice for the services offered in advance, which will be sent to the CUSTOMER by bank receipt or whenever possible by HOLAWIFI. In addition and for technical reasons that may cause a delay in the preparation and collection of the invoice, the CUSTOMER accepts that the necessary bank debits may be made to complete the overdue payments, even if there is more than one debit in the same month. THE CUSTOMER has signed the SEPA Direct Debit Direct Debit Receipt, thereby accepting its conditions. Those payments made by THE CUSTOMER that involve an expense for HOLAWIFI will be assumed in full by THE CUSTOMER in the next invoice. Notwithstanding the foregoing, any reprogramming or repair service that involves the travel of technical personnel will be paid in cash at the time of its execution. In the event that payment is not made in accordance with the established conditions, HOLAWIFI reserves the right to temporarily suspend the contracted service or services. If the CUSTOMER does not proceed with the payment after the notice of suspension, HOLAWIFI may request the termination of the contract and the CUSTOMER will cause the definitive cancellation of the service for breach of the CONTRACT, eliminating all data associated with the contracted service. If the CLIENT wishes to make any change in the bank details, process a temporary cancellation or reactivation, he/she must notify HOLAWIFI by sending an email, as mentioned in the eighth point of this contract, before the 15th of each month. Any non-payment will be notified to the CUSTOMER. However, if the CUSTOMER has not updated its payment within one week of the notification, the CUSTOMER shall not be liable for any non-payment. HOLAWIFI will proceed to disconnect the service. In case of reconnection, the CUSTOMER must pay the amount in force at that time. Notwithstanding the foregoing, in the event of non-payment, the CUSTOMER will be liable for the costs of the refund and the interest that may be generated. For each bank refund that occurs for reasons attributable to the CUSTOMER, HOLAWIFI will be entitled to charge a surcharge based on management costs amounting to €30 plus VAT.
8.- COMMUNICATIONS BETWEEN THE PARTIES. 8.1 Means of communication between the parties. The CUSTOMER may communicate with HOLAWIFI via e-mail (firstname.lastname@example.org). HOLAWIFI shall have no liability for the consequences of the CUSTOMER's e-mail address not being operational and/or failure to communicate any change in the CUSTOMER's address or other contact details provided. The CLIENT will not be able to allege in any case a lack of information when this is due to its own negligence in keeping the contact details provided for the provision of the contracted services active and up to date. Communications between the CUSTOMER and HOLAWIFI personnel shall observe the basic rules of respect. 8.2 Form of the CLIENT's notifications. All notifications or other communications to be made by the CUSTOMER shall be made by e-mail (email@example.com).
9.- RIGHT OF WITHDRAWAL. When the CUSTOMER is a consumer and the contract has been concluded without the simultaneous physical presence of the CUSTOMER, the CUSTOMER shall have the right to withdraw from the contract, without penalty and without having to state the reasons, within 14 calendar days from the notification of registration of the contracted service, by means of a written declaration sent by email (firstname.lastname@example.org). The CUSTOMER shall not have the right to withdraw from the contract in cases where HOLAWIFI has supplied goods or merchandise made according to the specifications of the CUSTOMER or clearly designed and customised according to the needs of the CUSTOMER, when HOLAWIFI has commenced the provision of the service by express order of the CUSTOMER issued prior to the expiration of the withdrawal period. If the CUSTOMER withdraws, the CUSTOMER 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 when necessary to maintain the security or integrity of the network, the Software or the stored data, after prior notification by email to the CLIENT, with sufficient notice, unless, due to force majeure, it is not possible to do so. If the suspension of the service is due to fraudulent or negligent conduct on the part of the CLIENT, HOLAWIFI may demand, if applicable, the payment of the 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 that HOLAWIFI becomes aware of this circumstance. Once HOLAWIFI is aware that the amount due has been paid, it will restore the service as soon as possible and within a period of no more than 72 hours. The suspension of the service does not automatically result in the termination of the contract, but rather, even if the service remains temporarily suspended due to non-payment, the contract will be understood to be in force and will continue to generate the invoices corresponding to the following monthly payments until the debt is paid in full or until the contract is terminated, without prejudice to the claiming of the outstanding amounts in the latter case.
11.- DURATION OF THE CONTRACT:
THE CONTRACT has a duration that begins to be effective from the first hour of the operation of the service with the date of its signature, having a minimum validity date that will be specified in the corresponding Annex, and may be extended from the moment the system is definitively installed and put into service. This contract shall be binding on the CUSTOMER from the moment the service is put into operation. In the event that the CUSTOMER fails to comply with the commitment of permanence, he/she must return the equipment or pay the cost of the same (indicated in point 3 of the contract), as well as pay the amount of 150€ corresponding to defray part of the cost of installation (indicated in point 2).
12.- WAIVER AND THIRD PARTY RIGHTS. Neither party shall be deemed to have waived its rights under this contract by reason of any failure or delay in exercising any right. A person who is not a party to this contract shall have no rights under 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 breach of the clauses of the CONTRACT, including the conditions established for the use of the contracted services. The party that has incurred in a cause for termination of the contract shall not be entitled to reimbursement of any amount previously paid for any concept.
D) By decision of the CUSTOMER, communicated sufficiently in advance and at least 15 days prior to the termination date, which may be requested by the same means by which the service was requested. In the case of mobile telephony and 4G service, the contract may also be terminated:
E) For non-payment of contracted mobile telephony services for a period of more than 45 days, a period that is reduced to 15 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.
THE CUSTOMER may submit claims related to the service by sending an email to (email@example.com), in such a way that it is possible to track the claim, being registered in HOLAWIFI's quality system, in order to allow us to act in the best possible way to satisfactorily resolve the claim. Any complaint must be submitted within a maximum period of 30 working days from the moment the CLIENT becomes aware of the fact that motivates the complaint. HOLAWIFI undertakes to resolve the claim presented by THE CUSTOMER within 15 working days from receipt of the claim, except in cases of force majeure. During this period, THE CUSTOMER will not exercise any action against HOLAWIFI nor will it request the conclusion of the contract for the reasons that have given rise to the complaint.
15.- APPLICABLE LEGISLATION AND JURISDICTION. For the resolution of any dispute or discrepancy 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 latter's domicile shall have jurisdiction; whereas, if the CONTRACT has been formalised with a businessman or professional, both parties expressly waive the jurisdiction that may correspond to them, submitting the knowledge of the same to 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 treated in accordance with Spanish Personal Data Protection regulations. The CLIENT authorizes HOLAWIFI to use and process the personal data provided by the CLIENT in order to provide the contracted service. The CLIENT also consents to HOLAWIFI processing his/her data for the following purposes:
A) to carry out general commercial actions or actions adapted to your profile, of the services provided by HOLAWIFI during or after the term of the CONTRACT, which may be carried out by any means of communication (telephone, e-mail, SMS, MMS, etc.);
B) access and process your browsing data, only to the extent and for the time necessary for the provision of the contracted services. When the development, fulfilment and control of the contracted services necessarily involves the connection of the processing of data with third party files, these may be transferred solely and exclusively for the purpose of providing the services contracted by the CLIENT. The CLIENT's data will be stored in an automated file located in HOLAWIFI's servers with the necessary physical and remote security measures to guarantee the security of this file. The CLIENT has the right of access, rectification, opposition and cancellation of the personal data provided to HOLAWIFI in accordance with current Spanish legislation on the protection of personal data, which may be exercised by writing to the following email address (firstname.lastname@example.org). 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 the CLIENT in the development of the provision of the contracted services. This responsibility will fall exclusively on the CLIENT. The client authorises Holawifi Comercializadora SL to partially or totally use the equipment installed in their home for advertising purposes, by means of the incorporation of stickers to the antennas, routers, etc.
17.- SPECIAL CONDITIONS FOR MOBILE TELEPHONY.
Portability request. The delivery of the portability request signed by the subscriber or by means of a telephone call to the operator to which he/she wishes to change, will trigger the start of the process of changing operator. Once the portability request has been signed and delivered, the following clauses are assumed:
- In the case of requesting portability, the person whose details are included in the contract requests registration of the service with HolaWifi, and simultaneously communicates his/her desire to cancel his/her contract with the operator that currently provides the service, indicated as the donor operator, keeping his/her mobile telephone number.
- The subscriber accepts the possible interruption of service at some time within the period between 2:00 and 6:00 on the day the change of operator applies, to allow for the necessary actions to be taken by the operators.
- THE CUSTOMER may cancel their mobile portability request free of charge until 14:00 on the day prior to the date of the change. The cancellation request must be made by the holder of the line whose portability is to be cancelled by calling 671.113.113 or going in person to a HolaWifi distributor.
- Unlimited" mobile tariffs include 3,000 minutes to national landlines and mobiles with no limit on the number of destinations, subject to reasonable usage rules. However, this limit may be higher when subscribing to some tariffs that have a special promotion or a higher limit pre-established at the time of subscription. Consult tariffs once the entire voucher has been used up. Does not include calls to premium rate numbers.
- If you are travelling abroad, there may be limitations on mobile data usage. Please refer to the roaming conditions for the country you are travelling to, as well as call and data charges for destinations outside the European Economic Area (EEA) and the United Kingdom.
- It is possible to reactivate the 4G internet service if it has been cancelled due to non-payment. The cost of reactivation will be €30 and could be used again on the same equipment, with the customer making the necessary technical adjustments. If a technician has to travel to the customer's home to carry out the readjustment, the cost will be €60.