First. Object of the contract
By this contract Conred Comunicaciones, S.L. (hereinafter CONRED) makes available to the natural or legal person whose circumstances are outlined in the Service Request that is attached to this document (hereinafter, the CLIENT), the services indicated in those (hereinafter THE SERVICES) such and as defined in the second clause of this contract. The CLIENT can select one or more services from all those offered in the Service Request.
Second. Definition of THE SERVICES
2.1 The Television Service
Provision for which the CLIENT will receive at the address indicated in the Service Request a package of television channels or audiovisual services, according to the current CONRED programming at all times (basic package), which may be unilaterally modified by it in terms of their number and class, since none of them is considered an essential part of it. The CLIENT may request the reception, together with the channel package, of other audiovisual content available at any time, according to the commercial offer of CONRED. These contents may be contracted to be received in a timely manner, on request, or on a monthly basis, always linked to the contracting of the basic package.
2.2 The Internet Service
Comprehensive Internet access, at the speed of access and under the technology that the CLIENT has chosen in the Service Request.
2.3 The fixed telephone access service in direct access to the primary telephone network
Consisting of the possibility of making and receiving calls from the number or numbers designated in the contract. The Service will make it possible to carry out metropolitan, provincial, interprovincial, international and landline to mobile calls in direct access mode. The Telephone Service provided by CONRED is a fixed telephone service available to the public with direct access. CONRED's Telephone Service is provided over a data transmission network, so the service is vulnerable to drops in the electricity supply and to Internet network flows. In the event that THE CUSTOMER accesses this service through a wireless network, the causes of vulnerability above will be added those of said technology (inclement weather).
2.4. Mobile Telephony Marketing Service : The CLIENT who has contracted the mobile telephone service of third parties to whom CONRED provides commercial agent services, must take into account the following conditions:
The Mobile Telephony service is not provided by CONRED, but is provided by the mobile operator with which CONRED reaches an agency agreement, hereinafter the OMV.
According to the service provided by CONRED to the OMV, CONRED will be responsible for the billing of said service on behalf of the OMV to the CLIENT, as well as the front line service.
In the event that the contract as CONRED's agency with its current supplier is canceled, CONRED will inform the CLIENT of the new situation, and will request authorization to carry out the portability to another MVNO with which CONRED signs a new agency agreement, informing of these new advantages to the CUSTOMER.
The rates of the mobile phone service distributed by CONRED and the conditions can be consulted on the web www.CONRED.es
and on the website of the OMV.
Third. Obligations of the parties
a. CONRED undertakes to:
Connect to your communications network an access point to THE SERVICES within the CLIENT's address that appears in the Application.
Make the services access equipment (THE EQUIPMENT) available to the CLIENT in the manner stipulated in the Service Request.
The installation work of the software and connection hardware on the equipment and / or devices owned by the CLIENT and their configuration are excluded from the installation of the Service, unless they were expressly agreed in the Service Request. If the installation of the software and hardware will not be carried out by CONRED, the installation obligation will be understood to have been fulfilled by checking by the company's technical staff, by their own means, the service at the installation point. Li >
Publish detailed, comparable, relevant, easily understandable, accessible and up-to-date information on the quality of services on the web page that appears in the header.
Make the parameters and methods for measuring the Service available to the CLIENT.
b. The CLIENT agrees to:
Make a unique and exclusively private enjoyment of the service, except in the case of a Public Venue.
The CLIENT undertakes to respect the regulations relating to intellectual or industrial property, interference in private communications or obtaining confidential information or any illegal act or that gives rise to damages for third parties that occur during the use by the CLIENT of the Internet services, or the use of Internet services by third parties through their personal password (for these purposes it will be presumed that such people have used their password with their consent). It will be considered that there is a breach of the contract by the CLIENT if third parties through their personal password use the Internet services in a way that damages the image of CONRED, or commits any infractions mentioned in this contract. The CLIENT must take the necessary precautions in order to preserve their files and computer systems from possible unwanted access by third parties.
Make the payment of the receipts issued by CONRED in the contracted way.
Assign to CONRED a) the use of the common elements of the building where the domicile is located in the case of a horizontal property dwelling b) the use of the facades and other elements of the building; for the placement and passage of the facilities necessary for the supply of THE SERVICES, as well as for the maintenance, modification and removal of the facility and equipment inside the home. For this, THE CUSTOMER consents and authorizes access to his home by representatives of CONRED for the stated purposes. Said authorization implies, in the cases of houses under the horizontal property regime, that of the Community of Owners in which the property is located and that of the owner thereof, if different from the CLIENT, in accordance with Royal Decree-Law 1 / 1998. of February 27 on common infrastructures in buildings for access to telecommunication services. The resolution of the contract will not imply the withdrawal of the authorization to the CONRED facilities for use and passage through the house and / or through the common elements of the building, being the CLIENT the expenses that this could cause in the event that the CLIENT or third parties oblige CONRED to withdraw it. CONRED undertakes to carry out and fix the elements exclusively necessary to provide its services.
Provide CONRED with access to the place of reception of THE SERVICES so that it can comply with the obligations contracted in this Contract. The CLIENT expressly authorizes CONRED, its duly identified personnel or the technical service that CONRED designates for this purpose, to access the facilities and computer equipment in which the connection to the services is installed in order to proceed with the provision of the Installation or Incident Resolution services and the performance of maintenance operations that, in CONRED's opinion, are necessary and, in the event of termination of the Contract, in order to proceed with the removal of the installation that allows connection to services.
Refrain from modifying, transferring or manipulating in any way THE EQUIPMENT supplied by CONRED.
3.1 In the Television Service
& nbsp; The CLIENT agrees to:
Have a television capable of supporting the signal sent by CONRED. The inadequacy of the television exempts it from any responsibility for the inadequate or non-existent reception of the service. By way of example, but not restrictive, the CLIENT must have a high definition television to be able to view the content broadcast on that technology.
3.2 On the Internet Service
a. CONRED undertakes to:
Install a single network terminal point, in which THE CLIENT will receive access to the internet service. The speed offered and guaranteed as indicated in this contract will in any case be that received in that equipment, CONRED not guaranteeing the reception of that service in other equipment through wireless access, which will depend on the distribution and location of the address of THE CLIENT . However, THE CUSTOMER may contract, at the signing of this document or later, the extension of the service to other computer equipment, the installation of which he will satisfy independently of the previous one as an additional installation.
b. The CLIENT agrees to:
Not to use for the account or benefit of third parties, such as, for example, establishment and maintenance of servers for email, http, ftp and / or peer to peer, unless said service has been expressly contracted in the Request for Services. It is expressly forbidden to carry out acts of reselling or marketing the Service to third parties outside the provision of the Service or, in any case, sharing of resources outside the address for which the service has been requested or the CLIENT being a Community of Owners, outside the common areas. The CLIENT will be responsible to CONRED for the incorrect use of the contracted services.
Have the necessary computer equipment, which must comply with the technical characteristics indicated on the CONRED website.
3.3 In the Telephone Service
CONRED undertakes to deactivate the premium rate services and international calls when requested in writing by the CLIENT. For these purposes, the CLIENT will notify CONRED of its intention to disconnect from the premium rate services and / or international calls . CONRED will accept both the written request to the CONRED address, as well as those made by telematics to the CONRED email (both data appear in the header of this document). CONRED will proceed to said disconnection within a maximum period of TEN (10) days from the receipt of the CLIENT's communication. In the event that said disconnection does not occur after that period for reasons not attributable to the CLIENT, CONRED will be responsible for the costs derived from the service whose disconnection is requested.
The CLIENT may obtain a new telephone number that will be provided by CONRED.
In the event that the CLIENT wishes to keep his current telephone number, CONRED will manage portability against other operators and the Reference Entity. In this case, the CLIENT will give their consent by signing the portability request at the time of contracting, as well as each time the CONRED access operator is modified, as established in article 5.2 of the Royal Decree 899/2009, of May 22, approving the letter of rights of the user of electronic communications services.
The delivery of the portability request signed by the CLIENT to CONRED will cause the start of the process of changing the operator. Once the portability request is signed and delivered, the following clauses are assumed:
In the case of requesting portability, the person whose data is collected in the contract requests the registration of the service in CONRED, and communicates their simultaneous desire to cancel the operator that currently provides the service, indicated as the donor operator, keeping their fixed telephone numbering.
The CLIENT accepts the possible interruption of the service at some point within the period between 2:00 and 6:00 hours of the day that the change of operator applies, to allow the necessary actions by the operators to be carried out.
From the moment the CLIENT delivers the signed portability request, the change of operator must be made within a maximum of one business day from the next business day after delivery, provided that the CLIENT has not voluntarily requested a later date for the execution of portability, and provided that your request has not been denied by the current operator due to the fulfillment of any of the causes admitted in the current portability specifications. The CLIENT has until 2:00 p.m. on the day prior to the date of the change to cancel his portability request, calling the Customer Service number indicated above. In the event that THE CUSTOMER wishes to cancel the portability once the previous term has expired, he will have to face, if applicable, the cost of early cancellation, an amount that will be required from the moment the corresponding invoice is presented for collection, being paid by the CLIENT, or by a third party, through the account in the Banking Entity or Savings Bank indicated in the Service Request. This cost is € 60 including taxes.
CONRED must inform the CLIENT when their request has been denied, in which case they will indicate the cause. For accepted applications, the CLIENT may request free information from his future operator about his request and the day on which the effective change of operator will take place. From that moment on, the CLIENT will be able to make and receive calls with CONRED and the same telephone number.
In the event of a claim, the CUSTOMER must contact the operator's specialized customer service department or service, within one month from the moment the event that motivates it is known. When the subscriber files the claim, the operator is obliged to provide him with the reference number given to the user's claim. If the user has not received a satisfactory response from the operator within a month, he may direct his claim through the following channels, in accordance with the regulations of each body:
(Consumer Arbitration Boards, directly or through a Consumers Association; Secretary of State for Telecommunications and for the Information Society (SETSI) - Telephone number: 901336699. Website: http://www.usuariosteleco.es) .
The applicant consents to the automated processing of personal data, both those included in the request for services and those known to the operator with whom he has contracted the service, in accordance with the provisions of Organic Law 15/1999 of 13 December December, Protection of Personal Data (LOPD).
Likewise, the applicant authorizes the transfer of personal data from the operator with whom he has contracted his services, to the one who will provide them from now on, for the exclusive purpose and purpose of the conservation of his number in the portability process and conditioning it to this reason .
Fourth. Responsibility for the Services
4.1 About the SERVICES
CONRED does not absolutely guarantee the absence of viruses in the content transmitted, disseminated, stored, received, obtained, made available, or accessible through the services, nor the absence of other elements that may cause alterations in the computer equipment of the CLIENT or in the electronic documents and files stored on the CLIENT's computer equipment or transmitted from the CLIENT's computer equipment.
CONRED excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the content transmitted, disseminated, stored, received, obtained, made available, or accessible through LOS SERVICES.
CONRED has no obligation to control and does not control the content and nature of the content transmitted, disseminated or made available to third parties by the CLIENT. This, however, and prior to the existence of justifying causes, CONRED reserves the right to review, within legal limits, at any time and without prior notice, on its own initiative or at the request of a third party, the content transmitted, disseminated or made available to third parties by the CLIENT and to adopt the necessary measures aimed at preventing their transmission, dissemination or making available to third parties. The minimum monthly availability objective of the Service will be 90}. If the Service is not available above these percentages, the CLIENT will automatically be entitled to discounts on the next receipt issued depending on the time the Service has not been available. Regarding the guarantee of the access modules, it will not exceed the guarantee period applied by the manufacturer of the same.
CONRED undertakes to provide the initial connection to the Services within 15 business days from the date of the CLIENT's Request.
It is the CLIENT's responsibility to provide the internal installation of their home (Access Module) with an interrupted power supply system in case they wish to receive external services such as alarm services, dataphones, tele-assistance services, or services fax, etc.
THE CLIENT exempts CONRED from liability for damages and / or losses that the fall of the electricity supply service and / or the flow of the data network could cause it, including the impossibility of receiving services not provided by CONRED.
In the event that during an intervention to solve a fault it is shown that the cause is attributable to the CLIENT due to improper manipulation of CONRED's equipment, the CLIENT exempts the latter from any responsibility for the SERVICES. Occasional interruptions made by CONRED due to the improvement of the SERVICES will not entitle the CLIENT to compensation. Said interruptions will be as short as possible and will preferably take place during times of minimum service consumption. Neither party will be responsible for delays or non-compliance caused by force majeure.
In any case, the total liability of CONRED arising in relation to this contract will not exceed, under any circumstances, the amounts paid to CONRED for the Service in the THREE (3) months prior to the date of said claim.
4.2. About the Television Service
CONRED is not responsible for the contents or changes in the programming of the television channels or audiovisual services that are the object of the service of this contract, the television operators that make the television broadcasts are responsible for ensuring that the programming complies with the provisions of the current legislation.
CONRED reserves the right to include advertising in its local programming.
4.3. About the Internet Service
CONRED will not be responsible for the content accessible through the Internet service, except in the cases established by the second section of Law 34/2002, of July 11, on services of the information society and electronic commerce.
The speed of Internet access will depend at all times on the existing Internet traffic, the number of simultaneous Internet users and other technical factors such as the efficiency of the IP protocol, occupation of servers, ports, etc.
In the case of radio access, weather conditions may temporarily affect the speed of the service.
If the CUSTOMER uses a wireless router in his connection, the limitations of this and the Wi-Fi LAN network must be taken into account. Coverage usually varies if it is indoors (houses, flats, etc.), depending a lot on the type of construction of the building, or outdoors, where it depends on the interference that the signal can be found (such as other wireless networks) and the constructions or obstacles (walls, formwork,…) that exist between the emitter and receiver of the signal. [Guideline indoor coverage values: between 50 and 70 m; outdoors: up to 400 m.].
In case the CUSTOMER uses PLC Ethernet adapters to connect the router and the computer taking advantage of the electrical network, their coverage depends on the model of adapter used, the distance in the network between adapters, electrical noise or interferences introduced by other devices connected to the electrical network, the number of equipment or appliances simultaneously connected to the base of the socket where the adapter is connected, etc.
Certain elements of the Hardware and Software of the CLIENT's equipment may also cause difficulties in the normal operation of their equipment in general and even prevent access to the service. For example:
Peer to peer programs running. The file exchange software (P2P) resident on the PC generates a high number of packets, causing slow browsing and even saturating the traffic carried. [Among the most commonly used software that can cause this problem are programs such as eMule and Kazaa, bittorrent, etc.
Some viruses resident in the CLIENT's PC can generate a high number of packages in order to contaminate other equipment, causing slow navigation and even saturating the traffic carried (viruses or worms, their mutations and derivatives). Li >
Malicious software running on the LAN.
Automatic updates of the resident software on the PC. Certain programs (operating system, antivirus, browsers ...) usually offer online updates that the CLIENT can configure in automatic mode (this option is normally selected by default), so that, when the CLIENT connects to the Internet, these programs search and they download updates in the background: the CUSTOMER is not informed or interrupted during the process, but they increase data traffic, slowing down browsing.
The CUSTOMER's wiring or equipment is not in perfect condition or does not meet the technical requirements and characteristics demanded of it for the provision of this service by CONRED.
IP addresses are not owned by the CLIENT, so CONRED may modify them when there are justifying causes, communicating it to the CLIENT. Likewise, CONRED is not responsible for the misuse or fraudulent use by the CLIENT or third parties of the IP address provided to the CLIENT at each access.
4.4. Usefulness and fallibility of the services and contents accessible through THE SERVICES
CONRED does not guarantee that the services are useful for the performance of any particular activity, nor the infallibility of the services and content accessible through the Service, and in particular, although not exclusively, that the CLIENTS can effectively access the different existing sites on the Internet through the Service, transmit, broadcast, store or make available to third parties content through the Service, or receive, obtain or access content through it.
CONRED excludes all liability for damages of any kind that may be due to the fraud of the utility that users may have attributed to the services and to the fallibility of the services and content and in particular, although not exclusively, to the failures in accessing the different existing sites on the internet through the services, in the transmission, dissemination, storage or making available to third parties of content through the services or in the reception, obtaining or access to content through THE SERVICES.
4.5. Privacy and security in the use of services
CONRED does not guarantee privacy and security in the use of services by CLIENTS and, in particular, does not guarantee that unauthorized third parties may not be aware of the class, conditions, characteristics and circumstances of Internet use that they may make. CLIENTS or those who cannot access and, where appropriate, intercept, delete, alter, modify or manipulate in any way the contents and communications of all kinds that CLIENTS transmit, disseminate, store, make available, receive, obtain or access through the Service.
CONRED excludes all liability to the full extent permitted by the legal system, for damages of any nature that may be due to knowledge that third parties may have of the class, conditions, characteristics and circumstances of the use of the internet that users may make. or that may be due to access and, where appropriate, to interception, elimination, alteration, modification or manipulation in any way of the contents and communications of all kinds that clients or users transmit, disseminate, store, make available, receive , obtain or access through THE SERVICES.
4.6. Legality, reliability and usefulness
CONRED is completely outside and does not intervene in the creation, transmission, or making available to, nor does it guarantee the legality, reliability and usefulness of the content transmitted, disseminated, stored, received, obtained, made available, or accessible through of services.
CONRED excludes any liability for damages of any kind that may be due to the transmission, dissemination, storage, making available, reception, obtaining or access to the content through the services and, in particular, although not exclusively , for damages that may be due to: (a) the breach of the law, morality and generally accepted good customs or public order as a consequence of the transmission, diffusion, storage, making available, reception, obtaining or access to content through services; (b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of persons, property rights and of any other nature belonging to a third party as a consequence of the transmission, diffusion, storage, making available, reception, obtaining or access to the contents through the services; (c) the performance of acts of unfair competition and illegal advertising as a consequence of the transmission, dissemination, storage, making available, reception, obtaining or accessing the content through the services; (d) the lack of veracity, accuracy, completeness, relevance and / or timeliness of the content transmitted, broadcast, stored, received, obtained, made available or accessible through the services; (e) the inadequacy for any kind of purpose of and the defrauding of the expectations generated by the content transmitted, disseminated, stored, received, obtained, made available, or accessible through the services; (f) non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or due to access to the content transmitted, disseminated, stored, received, obtained, made available, or accessible through the services; (g) vices and defects of all kinds of products and services marketed, acquired or provided through the services of third parties accessible through THE SERVICES.
4.7. Responsibility for the services provided by third parties through the Services
CONRED does not guarantee, absolutely, the absence of viruses in the services provided by third parties through the Services.
CONRED excludes any liability for damages of any kind that may be due to defects in the quality of the services provided by third parties through THE SERVICES.
CONRED has no obligation to control and does not control the content and nature of the content transmitted, disseminated or made available to the services provided by third parties through the Services. This, however, and prior to the existence of justifying causes, CONRED reserves the right to review, within legal limits, at any time and without prior notice, on its own initiative or at the request of a third party, the content transmitted, disseminated or made available through the services provided by third parties through the Services and to adopt the necessary measures aimed at preventing their transmission, dissemination or making available
4.7.2.- Legality, reliability and usefulness
CONRED is completely outside and does not intervene in the configuration and provision of the services provided by third parties through the services nor does it guarantee the legality, reliability and usefulness of the services provided by third parties through the services.
CONRED excludes any liability for damages of any kind, which may be due to services provided by third parties through the services, and in particular, although not exclusively, for damages that may be due to: (a ) Failure to comply with the law, morality and generally accepted good customs or public order as a result of the provision of services by third parties through the services; (b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of persons, property rights and of any other nature belonging to a third party as a consequence of the provision of services by third parties through the services; (c) the performance of acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the services; (d) the lack of veracity, accuracy, completeness, relevance and / or timeliness of the content transmitted, broadcast, stored, received, obtained, made available or accessible through the services; (e) the inadequacy for any kind of purpose of and the defrauding of the expectations generated by the services provided by third parties through the services; (f) the breach, delay in performance, defective performance or termination for any reason of the obligations contracted by third parties and contracts made with third parties in relation to or due to the provision of services through the services; (g) vices and defects of all kinds of services provided by third parties through THE SERVICES.
4.8. Unauthorized uses
CONRED does not control the access or use that the CLIENT or other users make of the services. In particular, CONRED does not guarantee that the CLIENT or other users will access and / or use the Services in accordance with the provisions of these General Conditions or, where appropriate, with the particular conditions that may be applicable.
CONRED excludes any liability for damages of any kind that may be due to access and use of the services by the client or by other users, contrary to the provisions of these General Conditions.
4.9. Identity and information related to the CLIENTS provided by the CLIENTS themselves
CONRED does not control or offer any kind of guarantee regarding the veracity, validity, completeness and / or authenticity of the data that CLIENTS provide about themselves to or make accessible to other CLIENTS or users.
CONRED excludes any liability for damages of any kind that may be due to the incorrect identity of the clients or users and the lack of veracity, validity, completeness and / or authenticity of the information that clients or users provide about themselves. and provide or make accessible to other clients or users and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party by a client or user of any kind of communication or transaction carried out through THE SERVICES.
Fifth. Resolution of incidents
The CLIENT must communicate to CONRED, through any of the contact information that appears in the heading of this document, any complaint, claim or contractual incident. From the communication, CONRED will try to resolve said incident in the shortest possible time.
CONRED will provide the CLIENT, by means of any support that allows it, accreditation of the presentation and content of the incident or claim. In any case, CONRED will provide the CLIENT with a reference number for said incident.
When the claim refers to a certain invoice, it must be processed within TEN (10) business days from its receipt by the CLIENT. In such case, the CLIENT is, however, obliged to pay the sum of those communications that have not been claimed at expiration.
If the CLIENT has not obtained a satisfactory answer to his claim, within a month, he may direct his claim to the Secretary of State for Telecommunications and the Information Society.
Sixth. Maintenance of THE SERVICES
The CLIENT will have the right to receive the provision of the SERVICES after signing the present contract and, once the EQUIPMENT has been installed.
The Equipment (Cards, Computer Equipment, etc.) that the CLIENT connects to the ONT, Cable-Modem or Router, or the point where the network that supports the Service ends, is not part of the Maintenance Service included in these General Conditions. provided by CONRED.
The installation that serves to connect the operator's trunk and distribution network with the CLIENT's home, and even the placement within it of a network terminal point, is called an outdoor installation. The installation located within the subscriber's home and from the network terminal point to the receiving devices of the services is called an indoor installation. The maintenance of the exterior installation will be the responsibility of CONRED during the entire term of the contract, and that of the interior during the first year of validity, except, in both cases, if the poor condition or operation is due to a malicious or negligent action of the CLIENT or fortuitous event and / or force majeure. The warranty service will always include the travel and labor expenses of qualified personnel, and replacement of defective material, parts and equipment when the poor condition, in addition to not being attributable to the CUSTOMER, is not due to fortuitous events and / or force majeure.
The maintenance of the interior installation will be paid by the CLIENT, who will have to satisfy, in accordance with the rates in force at the time of its provision, the replacement, travel and labor costs that originate for reasons other than diligent use, even due to unforeseeable circumstances or force majeure, once the warranty period has elapsed.
The CLIENT may contract, initially or later, the maintenance service of the interior installation after the warranty period has elapsed, which will cover travel and labor costs, provided that the defect or loss is not caused by an action. or willful or negligent omission of the CLIENT. The replacement of material, parts and equipment will be paid by the CLIENT in the amount determined in the current rates when their deterioration is not caused by diligent use.
If it is necessary to carry out any type of installation on the CLIENT's computer equipment, said installation will be carried out by personnel duly authorized by CONRED; In this case, the CLIENT authorizes to carry out the corresponding installation and exonerates CONRED from any loss of guarantee of its computer equipment, from any damage and / or loss produced in the software that the CLIENT has installed on its computer equipment, as well as of any accidental failure produced in the CLIENT's computer equipment and that may take place as a consequence of the facilities necessary to receive the Internet access service.
In the event that CONRED has installed a team to access the SERVICES at the CLIENT's home, the CLIENT may not modify or transfer said installation. You may only use it at the point where it has been installed by CONRED, in the manner provided in these Conditions and you may not transmit it under any title, or assign its use to a third party.
However, the CLIENT may request CONRED to transfer the installation of the access equipment. With prior approval of this, the installation point will be changed, billing the CUSTOMER for the amount corresponding to said transfer, which will be communicated when making your request.
Seventh. THE TEAMS
CONRED will deliver to the CLIENT, in perfect conditions of use, the necessary equipment for the provision of the Services, as contracted in the Service Request. The regime of use will be that of Assignment if the parties do not expressly agree to another.
The delivery and installation of THE EQUIPMENT implies an assignment of use in favor of the CLIENT, whose duration will be the period of validity of this contract. THE EQUIPMENT will be the property of CONRED and the CLIENT may not assign them or deliver them to third parties, having to keep them in their possession during the term of this contract and use them exclusively in the place and for the contracted purpose. The CUSTOMER is also obliged to keep THE EQUIPMENT in perfect conditions of use, having to pay CONRED the amount of its market price in case of misuse of the same that implies its deterioration.
If the CLIENT chooses the option to Buy THE EQUIPMENT, they will be owned by the CLIENT, who must pay the amount established in the Schedule of Rates in the first payment.
The guarantee of THE EQUIPMENT will be the same as that provided by the manufacturer to CONRED, as long as the CLIENT has not tampered with them, making technical modifications to them or causing damages negligently or negligently.
In the case of Purchase of THE EQUIPMENTS CONRED will only provide the technical assistance service at home, at the request of the CLIENT and by paying the price established for out-of-warranty interventions.
Eighth. Price, payment method and billing
The price of the SERVICES is stipulated in the Schedule of Rates. CONRED will charge the CLIENT for the provision of the SERVICES according to the rates in force at all times.
Prices will be updated annually, with effect from January 1 of each year, in accordance with the Consumer Price Index established for the Andalusian Autonomous Community, by the National Institute of Statistics or the Agency that assumes that function. Said variation will be passed on to the subscriber, without prior personal notification.
The rates will be reviewed based on the costs of the contracted service. CONRED, through the means of communication chosen in the Service Request, will notify the CLIENT of the revision of the rates that affect it with a minimum notice of THIRTY (30) days from the date of issuance of the corresponding receipt for payment, understanding the CLIENT's compliance with the proposed revision if, in the FIFTEEN (15) days prior to said date, they do not express their opposition.
The CUSTOMER dissatisfied with the revision of the rates may cause a cancellation of the service whose price has been revised without any penalty for him, notifying CONRED within the said term. Likewise, CONRED may unilaterally resolve the provision of the service whose price has been subject to a review not accepted by the CLIENT; And keeping in both cases, if it were technically possible, the contract in force with respect to the rest of the contracted services.
8.2 Payment method
The CLIENT must pay CONRED the registration fee, as well as, where appropriate, the price for the acquisition of THE EQUIPMENT, according to the rates in force at the time of signing this contract. The registration fee will not be refundable and in no way can it be construed as a deposit, bond, loan, payment on account, or any other figure of a similar nature.
CONRED will issue the invoice to be paid by the CLIENT on a monthly basis, in accordance with the current rates and applying the VAT and applicable taxes. The monthly fees will accrue on the 10th of each month, and this invoice will correspond to the services of the current month. For these purposes, the invoices issued by CONRED contain the concept of installments for the current month of their issuance and the concept of the services accrued during the previous consumption period which, in general and unless otherwise agreed, will not be less than one month. However, CONRED may advance the billing and collection of the amounts accrued when the following circumstances occur.
a) The CLIENT exceeds the credit limit set by CONRED.
b) The suspension or interruption of the service occurs.
c) The contract is terminated for reasons attributable to the Client.
d) In cases of fraud or risks of non-payment.
Unless another form of payment has been defined in the Service Request, the CLIENT agrees to make the payment preferably by direct debit, at a branch located in Spanish territory, maintaining a sufficient balance in the bank account to meet the payment of the amounts owed. In the event that the form of payment is direct debit, CONRED is expressly authorized to draw the corresponding receipt against the CLIENT's bank account specified in the Service Request. If the bank does not attend to the payment of the receipts drawn against the CLIENT's bank account, it will satisfy all the expenses that CONRED has to bear as a result of its return. In any case, the CLIENT must notify CONRED of the change in the bank account against which the receipts are drawn for payment, authorizing it at the same time for this purpose, and being responsible for all purposes of this lack of notification.
The delay in the payment of more than thirty calendar days from the presentation to the collection of the invoice, will imply the accrual of delay interest that will be the legal interest of the money increased by two points, all without prejudice to the other consequences that may arise. . Interest on late payment will be calculated by days, based on a 360-day year.
During the provision of the service to the CLIENT, CONRED may insert reminder messages of the default situation in order to inform them of their payment obligation, preserving in any case the secrecy of communications and the privacy of the CLIENT.
Calls to emergency services will be free.
CONRED may offer access by different means to payment services per unit of use, such as pay per view, download, video on demand, etc.
The CLIENT will have access to the SERVICES requested by him, which will be usable within the term communicated by CONRED at the time of the request. Once an order is requested, the CLIENT may cancel, defer or modify it, as long as its provision has not started. The billing of payment services per unit of use, once provided, may be included in any invoice issued for the provision of the service.
In the event of non-payment for payment services per unit of use, CONRED reserves the right to suspend access to said services.
All the works carried out by CONRED of installation, maintenance, and technical assistance, the replacement of materials, parts and equipment and travel, will be satisfied by the CLIENT in a single payment, including its amount in the invoice immediately following execution and acceptance. for
The CLIENT may request from CONRED the itemized billing of the basic services and, where appropriate, the additional contracted services, free of charge, except for the detail of metropolitan calls, whose service must be expressly requested, without prejudice to the fact that the payment must be made effective. Entirely in a single act, except the provisions regarding additional pricing services.
In the event of an additional tariff service, or other services that do not correspond to electronic communications, the scope of the aforementioned disaggregation may entail that, at the request of the CLIENT, independent invoices are delivered. Both parties expressly acknowledge that CONRED's computer records and their reproduction constitute valid and sufficient proof of the services requested and effectively consumed by the CLIENT.
In the event that the CLIENT indicates in the Request to send an electronic invoice, this will be the only means of sending and receiving their invoices. THE CLIENT may revoke said consent at any time, by requesting the email email@example.com. Upon receipt of said revocation request, THE CUSTOMER will receive the invoices in paper format, starting with the next monthly payment not issued. The sending of paper invoices will have no cost for THE CLIENT.
In the event that THE CLIENT pays the part of the invoice that corresponds to the electronic communications service, it may not be suspended therein, without prejudice to the debt that may subsist for the unpaid amount in other concepts. For these purposes, in case of disagreement with the invoice, the CLIENT will have the right, upon request, to obtain independent invoices for each service.
Ninth. Security deposit
Under the terms established in the current legislation, CONRED may require the CLIENT to make a guarantee deposit, both at the time of contracting and during the term of the contract, in the cases in which the CLIENT has left one or more receipts related to another or other previous or current contracts with CONRED or any other operator, or if the CLIENT repeatedly incurred in delay in the payment of the receipts corresponding to the SERVICES.
The guarantee deposit may be constituted in cash or bank guarantee, the amount of which will be determined in accordance with the following criteria:
9.2.1. In the first case, adding the amount of the last three unpaid receipts of the subscription contract that support the deposit requirement. In the event that there were fewer unpaid receipts, the resulting amount will be multiplied by three the last receipt.
9.2.2. In the second case, adding the amount of the last three receipts issued to the contract holder or, in the event that the contract was less old, the amount resulting from multiplying the last receipt by three.
9.3 Absence of constitution
If the CLIENT does not constitute the corresponding guarantee deposit within the period of FIFTEEN (15) days following the reliable request of CONRED, the company will be authorized to proceed with the suspension of the Service. If after a new period of TEN (10) days from a second request the deposit is not constituted, it may be canceled. In the event of a deposit requirement at the time of contracting, in the absence of its constitution, CONRED may reject your request.
CONRED will proceed to return the deposit, in the event of its constitution due to repeated delays in payment, when it is proven that in ONE (1) year there has been no delay in the payment of the receipts issued to the contract holder and in the second assumption, as soon as CONRED has proof of the full payment of the amounts owed.
If the CUSTOMER with pending debts were to cancel the service or request a change of ownership of his subscription, CONRED may execute the guarantee for the total debt incurred, leaving the remainder at the CUSTOMER's disposal. If the CLIENT had paid all the receipts, the deposit will be returned in full. CONRED will proceed to return the guarantee deposit within a period of FIFTEEN (15) days from the day following the one in which the circumstances contemplated in the previous sections are met.
9.5 Risk for the Telephone Service
CONRED may establish a risk for THE CLIENT in the Service Request Particular Conditions. When THE CLIENT reaches its risk limit, the service will be suspended immediately.
CONRED will notify the CUSTOMER when their risk is discovered at SEVENTY-FIVE PERCENT (75}) and from there, it will notify of each increase in consumption in the risk of FIVE PERCENT (5}). When the risk reaches HUNDRED PER HUNDRED (100}) the service will be suspended.
THE CLIENT may reduce his risk by making advance payments against his invoice.
Tenth. Beginning and validity
The Contract will enter into force on the same day it is formalized. CONRED will activate each of the Services within the maximum period indicated in the specific clauses corresponding to each of the Services as long as the CLIENT's request meets all the required conditions and is technically possible. CONRED informs that, in the case of contracting at a distance or outside the commercial establishment of CONRED, the CLIENT has the right to freely withdraw from the contracting within a period of fourteen (14) calendar days from the date of conclusion of the contract. For the exercise of the right of withdrawal, the CLIENT must send duly completed, within the indicated period, to the Customer Service department, the Withdrawal Request document that CONRED provided along with the contractual conditions, which is also available in the CONRED website. In the event that the CLIENT has expressly requested that the provision of the Service begin during the withdrawal period, the CLIENT must pay the expenses derived from the installation of the Services, indicated in the Service Request.
In the event that THE CUSTOMER has accepted a permanent promotion, both for services provided by CONRED and for services marketed by it, the term of the contract will be that established in said promotion. In any case, promotions will be understood to be renewed for the same period if THE CLIENT does not express his or her willingness not to renew them with 30 days' notice of the end of the promotions. The renewal of the promotion will imply in any case the renewal of the conditions of the same, including the period of permanence.
The services contracted under this contract will be especially linked to the address notified in the Service Request. In the event that the CLIENT intends to receive the SERVICES at a different and alternative address from the one contractually determined, the CLIENT must notify CONRED, which will process the cancellation request, applying, if possible, the consequences of the same set out in the Condition 12. The CLIENT may make a new Request for Services at the new address, which CONRED will attend as long as it is able to provide services at said address.
Eleventh. Suspension and interruption of SERVICES
11.1.1. Temporary suspension of the service at the request of the CLIENT
The CLIENT may request CONRED the temporary suspension of the service fifteen (15) days in advance of the desired suspension date. The duration of the aforementioned temporary suspension may not be less than one month or more than THREE (3) months. The total period of suspension may not exceed NINETY (90) days per calendar year. In these cases, at least half of the proportional amount corresponding to the time it affects will be deducted from the subscription fee.
11.1.2. Temporary suspension of the service at the request of CONRED
CONRED may temporarily suspend the Service due to occasional or continuous delay of the CLIENT in the payment of the Service for a period exceeding ONE (1) month, counting from the presentation to the latter by CONRED of the corresponding charge document, when it discovers that it has occurred. falsehood in the personal or banking data provided by the CLIENT, or when the provision of the Service is conditioned to the failure to exceed a credit limit.
In the event of suspension due to non-payment, the services for incoming calls will be maintained, except for reverse charges, and emergency outgoing calls until the interruption of the Service or, where appropriate, until its new activation.
Likewise, CONRED may temporarily suspend the service when, in the face of excessive consumption, it is considered that the CLIENT is engaging in fraudulent conduct by violating his obligation to use the service for his own use.
The suspension of the service does not exempt the CLIENT from the obligation to continue with the payment of the corresponding fixed periodic fees.
188.8.131.52. Requirements. For the suspension of the service to be carried out, the following requirements must be met:
CONRED will require payment and notify the suspension by means of a communication, which will be carried out at least FIVE (5) days before the date on which the service is going to be suspended.
The communication will indicate the date on which, if payment is not made, the suspension will take place.
In the event that the CLIENT has filed a claim with the Consumer Arbitration Boards or with the Secretary of State for Telecommunications and for the Information Society, CONRED will not suspend or interrupt the service, while the claim is being substantiated, always That the CLIENT reliably consign the amount owed, delivering the corresponding receipt to CONRED .
184.108.40.206. Service restoration. CONRED will restore the suspended service within the business day following the one on which it is aware that the amount owed has been satisfied.
11.2. Telephone Service Interruption
The delay in the payment of the telephone service for a period exceeding THREE (3) months or the temporary suspension, on two occasions, of the contract due to late payment of the corresponding services