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Castellano Catalán Gallego EuskeraInglés

GENERAL CONTRACT CONDITIONS FOR THE YA.COM ADSL ACCESS SERVICE

France Telecom España, S.A. (before, France Telecom España Internet Service Provider, S.A.U., hereinafter YA.COM), with head office at Paseo del Club deportivo, 1 Edificio 8 28223 Pozuelo de Alarcón, Madrid and registered under CIF [Tax Identification Number] A-82009812, does hereby make available high speed Internet access service to the CUSTOMER, called YA.COM ADSL Access Service, under the terms established in these General Conditions.

Any of the following actions performed by the CUSTOMER will mean its express acceptance of these General Conditions: activation of the "Accept" button in the electronic contract process and/or payment of any of the charges for the YA.COM ADSL Access Service.

The CUSTOMER may enter into a contract under any of the types of the YA.COM ADSL Access Service, solely and exclusively within the framework of the different packages or commercial offers (hereinafter the “Commercial Offers”) that YA.COM may make available to the CUSTOMER at any time through the URL http://acceso.YA.COM (hereinafter, the “Access Page”).

The CUSTOMER shall be understood as all individuals or legal entities that use or request the YA.COM ADSL Access Service, who do not develop public communications networks or provide electronic communications services to the public, nor resell them, and wish and have sufficient legal capacity to contract the services of YA.COM.

YA.COM shall not be held liable for false statements in the information provided by the CUSTOMER when entering into the contract.

One. Purpose.

The purpose of these General Conditions is to establish the framework within which YA.COM shall provide the YA.COM ADSL Access Service to the CUSTOMER, and the latter shall use it. The YA.COM ADSL Access Service shall be provided exclusively in the Spanish territory. In order for the service to be provided, the CUSTOMER’s compliance with the Prior Requirements that are covered in Condition Two shall be an essential requirement.

The YA.COM ADSL Access Service is provided to the CUSTOMER according to the type chosen by the latter, in its capacity as the end CUSTOMER, for its exclusive use at the installation address stated in the contract process. The CUSTOMER may not act as a reseller or distributor of any type of service to third parties, nor use the YA.COM ADSL Access Service outside of the installation address.

The YA.COM ADSL Access Service shall consist of an ADSL line (Asymmetric Digital Subscriber Line), which shall provide the CUSTOMER high speed Internet access (under the speed type provided by YA.COM in the Commercial Offer entered into by the CUSTOMER). The ADSL technology allows the CUSTOMER to separate voice and data input through its phone line, such that navigation on the Internet and telephone conservations can be done concurrently.

Two. Prior Requirements.

Compliance with the requirements that are listed below shall be considered essential and necessary for provision of the YA.COM ADSL Access Service:

2.1 Computer equipment requirements of the CUSTOMER. This equipment shall meet the following minimum characteristics:

Windows 98, XP, Millenium, 2000, NT, Mac and Linux operating systems or any other that YA.COM may announce in the future.
Pentium 233 MHz or greater.
32 MB of RAM or greater.
Computer equipment with Internet connectivity, consisting of Connecting Hardware compatible with the contracted ADSL line (MODEM, ROUTER or similar device) and/or (a) Connecting Accessory(ies) that are compatible with the Connecting Hardware used by the CUSTOMER (Network Card, USB Port or similar).

YA.COM, within the framework of the Commercial Offers whereby it offers the YA.COM ADSL Access Service, it may make the Connecting Hardware and/or Connecting Accessory available to the CUSTOMER to be purchased. The definition of Connecting Hardware and/or Connecting Accessory and the specific characteristics thereof shall be stated by YA.COM at all times through the Access Page within the framework of each Commercial Offer.

2.2 Requirements for the CUSTOMER’s telephone access line: The line shall meet the minimum conditions that are stated below:

Have a contracted POTS analogue fixed phone line at the installation address.
Have a connection to an exchange with ADSL service and sufficient line quality for providing the YA.COM ADSL Access Service.
No existing incompatibilities: Novacom Service (ISDN), Teletax Service, Hilo Musical, TRAC Service (Rural Cellular Access Telephony), Back Lines or leased circuits (Frame Relay, Basic IP), Delta Network Service, switchboard extensions, Ibercom, as well as any other service that may exist in the future from any telephone operator compatible with the YA.COM ADSL Access Service.

2.3 Installation requirements:

2.3.1 Authorisation for registration as an ADSL line user (hereinafter "Registration").

2.3.2 Installation of the data filtering element(s) at the connection point, which allows shared and concurrent use of the telephone line for voice and data transmission (hereinafter “Filtering Element”). Installation of the Filtering Element, based upon the system used, will be done in every case by the CUSTOMER or by YA.COM, pursuant to what is stated in the Commercial Offer entered into by the CUSTOMER.

If checking of the line at the address of the CUSTOMER is necessary, following authorisation for registration as a user of the YA.COM ADSL Access Service, this service shall be performed by the members of the Technical Team of YA.COM at the address of the CUSTOMER, subject to an agreement on the date and time between them. In this case, the CUSTOMER authorises the personnel from the YA.COM Technical Team to enter its residence and manipulate the telephone connection, by the CUSTOMER activating the "Accept" button to these General Conditions in the electronic contract process.

In the event that the CUSTOMER is absent at the installation address or denies the members of the YA.COM Technical Team entry thereto, and the line could not actually be checked at the CUSTOMER’s address, YA.COM may demand that the CUSTOMER pay the expenses it had incurred for Non-Activation of Service, which are applicable in accordance with Condition Seven of these General Conditions.

2.4. Others Requirements. The CUSTOMER may not sign on to two Commercial Offers with YA.COM that include the provision of Connecting Hardware over a minimum period of TWELVE (12) months

Three. Characteristics of the YA.COM ADSL Access Service.

The different Commercial Offers for the YA.COM ADSL Access Service offered by YA.COM at any time through the Access Page shall be composed of the following elements:

3.1. Schedule: The YA.COM ADSL Access Service shall be offered by YA.COM within the framework of the different Commercial Offers, in accordance with any of the following schedule types:
1. TP 24 Hour Type: access TWENTY-FOUR (24) hours per day.
2. Evening and Weekend Package: access between 6 pm and 8 am from Monday to Friday (Spanish mainland time) and 24 hours a day at the weekend (Saturdays and Sundays) and on national public holidays. With this package, access to the connection outside the aforementioned hours will be invoiced to the CUSTOMER per minute connected in accordance with the Commercial Offer in force.
3. Data volume or consumption package: Access TWENTY-FOUR (24) hours a day. With this package the CUSTOMER is invoiced according to the data volume downloaded by them or consumption realized in accordance with the rates in force at any given time, which are listed in the corresponding Commercial Offer.
3.2 The prices for each of the Commercial Offer packages will be available on the Access Page and always kept up to date.

3.3. Filtering Element: The CUSTOMER may obtain the YA.COM ADSL Access Service with the following Filtering Elements for their installation at the connection point:

Filtering Element Type

Distributed filtering (Microfilters)

Centralised filtering (Splitter)

The installation of distributed filtering (Microfilters) shall always be in every case done by the CUSTOMER through a self-installation guided system.

The installation of centralised filtering (Splitter) shall be done by YA.COM, under the terms stated in the foregoing Condition 2.3.

3.4. I.P. Connection Type (Internet Protocol): static or dynamic I.P. address.

3.5. Technical Support: The YA.COM ADSL Access Service includes the provision of Technical Support Service from 8:00 a.m. to 12:00 a.m.

3.6. Initial connection period: The initial connection period of the service shall be a maximum of 30 (thirty) days.

3.7. Type of maintenance provided: YA COM provides the CUSTOMER with integrated maintenance of the YA.COM ADSL Access Service, which includes the data line, the equipment necessary for connectivity and the access network.

Likewise, support is included in the configuration of all the components necessary for connectivity: basic and advanced configuration of the CPE (router), configuration of the TCP/IP services of the CUSTOMER’s operating system, installation of the software/hardware of the components of the connection kit if necessary and if they are supplied by YA.COM, as well as support in any added value services (e-mail accounts, hosting, etc.) that are delivered, if applicable, with the Service.

In the event of any of these services breaking down, YA.COM will process the breakdown integrally once the CUSTOMER has duly notified the CUSTOMER Care Centre. YA.COM will notify the CUSTOMER once the breakdown has been resolved.

Four. Additional Services.

In addition, the different Commercial Offers offered by YA.COM to the CUSTOMER for providing the YA.COM ADSL Access Service may include the provision of a series of Additional Services. Signing on to the conditions that regulate these Additional Services shall be done either by signing this Contract, or through the Access Page.

The Additional Services included in the YA.COM ADSL Access Service, which will be automatically contracted and accepted at the time this contract is signed, may be the following:

4.1. E-mail Accounts Service: Within the framework of the YA.COM ADSL Access Service contract, YA.COM shall make an E-mail Account Service available to the CUSTOMER at no additional cost.

4.2. Static IP Service: YA.COM hereby makes available to the CUSTOMER a consistent service of assigning a static IP, which is stated in the Commercial Offer at any given time. The characteristics of this service is:
1. (i) YA.COM shall grant the CUSTOMER the use of an IP address that shall be assigned at every connection. The CUSTOMER shall not be the owner of the IP address.
  
  (ii) YA.COM shall reserve the IP address exclusively for that CUSTOMER.
  
  (iii) Notwithstanding the foregoing, YA.COM may change the assigned IP address as an extraordinary measure due to technical needs of the service, provided there is advance warning of fifteen (15) days. In this case, the CUSTOMER shall receive precise instructions so that the change in IP address does not cause it any harm.
4.3. Hosting Service: At no additional cost, YA.COM makes available to the CUSTOMER, within the framework of the Commercial Offers that are offered at any given time, a specific space for personal web pages, with a maximum transfer rate consumption (bandwidth) of ONE (1) Megabyte per page seen. Provision of the service shall adhere to the following conditions:
1. 4.3.1. Description of the Service: Service for storing the CUSTOMER’s information or information that it is authorised to disclose, on a YA.COM server made available during the Contract term. The Service is configured as an Additional Service of the YA.COM ADSL Access Service, within the framework of the offers that do thus state. Therefore, it may only be contracted jointly with the YA.COM ADSL Access Service and within the framework of these different packages or commercial offers. The Service provides the following characteristics:
2. • Connectivity:
3. • The YA.COM facilities shall have the following conditions:
4. • Server maintenance:
5. • Level of service:

The included Additional Services, where applicable, in the different Commercial Offers, and which shall be contracted independently through the access page, may be the following:

4.4. “Security Suite” Information Security Service: YA.COM may make "Security Suite" Information Security available to the CUSTOMER within the framework of the Commercial Offers offered at all times. The specific conditions that regulate the provision of this service are available to the CUSTOMER in the CUSTOMER Area. This is understood to be the section accessible to YA.COM CUSTOMERs from the Access Page www.YA.COM and identified as such, in order to manage issues related to the services that the CUSTOMER has contracted at any given time.

4.5. A Domain and Domain Management Service: YA.COM may make a domain (hereinafter “your domain”) of the .com, .net, .org, .biz, .info, .es type available to the CUSTOMER within the framework of the Commercial Offers offered at all times, at the choosing of the CUSTOMER. The Specific Conditions that regulate the provision of the YA.COM Domain Management Service are available to the CUSTOMER on the Access Page to the YA.COM Domain Store, and shall be accessible from the Commercial Offers that include this Additional Service.

4.6. Voice Service through Pre-selection or Direct Dialling: YA.COM may make Voice Service available to the CUSTOMER within the framework of the ADSL Commercial Offers offered at all times, under the indirect access type through pre-selection or direct dialling, which shall be provided by YA.COM. The Specific Conditions applicable to this Service shall be made available to the CUSTOMER and shall be accepted by the latter at the time the express Service is contracted, and also these General Conditions.

Five. Obligations of the Parties.

5.1 Obligations of YA.COM

From the date that the CUSTOMER has proven compliance with the Prior Requirements (hereinafter “Service Activation Date”), YA.COM shall be under obligation to:

Provide the YA.COM ADSL Access Service to the CUSTOMER under the conditions stated herein and in the Commercial Offer entered into by the CUSTOMER.

Provide the CUSTOMER with the ability to terminate the contract at no cost whatsoever, if within the period of 7 (seven) days from receiving the elements necessary for provision of service, the CUSTOMER were to state its intent to terminate the contract, through any manner admissible by law. In this case, the CUSTOMER shall return all elements received.

Make the Additional Services available to the CUSTOMER, where applicable, contracted by the CUSTOMER together with the YA.COM ADSL Access Service.

Provide Technical Support Service from 8:00 a.m. to 12:00 a.m. through a CUSTOMER Service telephone line, which number shall be given to the CUSTOMER along with the Service installation guide.

Provide a CUSTOMER Service line, which number is 902 902 902, from 8:00 a.m. to 12:00 a.m., where the CUSTOMER may request all information that it requires on the available services, as well as the procedure to follow for filing any claim or complaint arising from the provision of services.
Maintain the YA.COM ADSL Access Service operational for use during the schedule contracted by the CUSTOMER, except for temporary interruptions due to maintenance operations thereon.

Said interruptions shall be notified with sufficient advance warning, as far as possible, through the Service Access Page or by e-mail. The foregoing obligation shall not be enforceable against YA.COM in the event of force majeure, or if a drop takes place in the data network that serves as a basis for provision of the service, that is beyond its will or control.

Maintain and ensure the secrecy of communications, unless there is a request from the governing judicial or administrative authority, in which case it reserves the right to provide the information required by these authorities without prior notice to the CUSTOMER.

5.2 CUSTOMER Obligations

In effect from the Service Activation Date, the CUSTOMER shall be under obligation to:
1. Maintain, where applicable, the Contract for the initial compulsory period stated in the conditions of the Commercial Offer entered into by the CUSTOMER.
2. To pay the amounts due for the YA.COM ADSL Access Service, such as they are set forth in the Commercial Offer contracted by the CUSTOMER.
3. Return the Applied Discounts to YA.COM in the event that this is applicable, by virtue of the provisions of Clause Seven of these General Conditions and in the Commercial Offer, whereby the CUSTOMER contracts the YA.COM ADSL Access Service.
1. To not use the YA.COM ADSL Access Service in contravention of the law or these General Conditions. The CUSTOMER is particularly prohibited from using the YA.COM ADSL Access Service for committing criminal acts, sending unsolicited advertising or marketing ("spam"), violating Intellectual Property, Patent and Trademark legislation and/or infraction of any legislation that may be applicable to the CUSTOMER's use of the YA.COM ADSL Access Service.
2. To not use the YA.COM ADSL Access Service for resale, transfer or commercial development to third parties by the CUSTOMER without the express written consent of YA.COM.
3. Keep and protect the access passwords and CUSTOMER identification name provided. The CUSTOMER therefore assumes liability for all damages of any kind that may arise from breaking or disclosing said passwords. The CUSTOMER may change the password at any time.
4. To safeguard and preserve, where applicable, the wireless connection, assuming responsibility for the consequences of possible connections made by third parties in order to use the bandwidth contracted by the CUSTOMER for Internet access or in order to access the information contained in the CUSTOMER’s computer equipment.

Six. Term and Completion.

Term of the Contract is indefinite. Despite, it may have an initial compulsory term, which shall be stated in the Commercial Offer signed by the CUSTOMER, where applicable (hereinafter the “Initial Compulsory Period”), from the Service Activation Date. In this case, the contract shall be automatically renewed by periods of one year when it expires, unless the CUSTOMER gives express notice to the contrary at least FIFTEEN (15) days prior to the renewal date.

Once the Initial Compulsory Period has ended, where applicable, the CUSTOMER may voluntarily ask for the account to be closed for the YA.COM ADSL Access Service, without having to return the Applied Discounts stated in Condition Seven, under the conditions stated in the following paragraph:

The CUSTOMER may cancel their subscription to the YA.COM ADSL Access Service by giving at least FIFTEEN (15) days’ notice before the effective date of the cancellation, using any of the following procedures for this purpose: i) Notification in writing to YA.COM, to Post Box No. 1058, 28108 Alcobendas (Madrid), attaching a copy of their National Identity Document ii) By telephoning Customer Service on 902 902 886, providing their personal data (Name, Address, ID No., etc.), as well as stating their unequivocal wish to cancel the Service, following the instructions with which they will be provided iii) Through the space set aside for this purpose on the Customer Area Webpage, filling in the form provided for this purpose with their personal data and stating their unequivocal wish to cancel the Service, following the instructions with which they will be provided.

In the event the CUSTOMER’s account is closed during the Initial Compulsory Period, where applicable, the Return of Applied Discounts shall apply, in accordance with the provisions of Condition Seven.

Cancellation of the YA.COM ADSL Access Service and, where applicable, of additional services, will come into effect fifteen days after the CUSTOMER’s request. YA.COM will reimburse the amounts corresponding to the service(s) charged from the effective cancellation date up until the last day of the invoicing period.

If YA.COM were to fail to comply with any of its obligations, the CUSTOMER shall notify YA.COM of said non-compliance immediately and reliably. After FIFTEEN (15) days have passed from the notice given without YA.COM having rectified the non-compliance, the CUSTOMER may choose to terminate the contract, without the need to return the Applied Discounts as referred to in Condition Seven. Both Parties agree that this shall be the only effect in the case of contract termination on these grounds.

YA.COM reserves the right to interrupt the YA.COM ADSL Access Service or immediately terminate the contract with regard to the CUSTOMER, if it detects a use of this service that is contrary to these General Conditions, to the current legislation or in the event that the CUSTOMER fails to pay any of the owed amounts.

Seven. Financial Conditions.

7.1 The CUSTOMER shall pay YA.COM the following for the provision of the YA.COM ADSL Access Service:

An initial registration payment on the YA.COM ADSL Access Service, which shall be paid by the CUSTOMER along with the first fixed monthly payment, without prejudice to what may be stated in the Commercial Offer entered into by the CUSTOMER with regard to discounts on the payment of the initial registration payment.

A fixed monthly payment, which shall be paid by the CUSTOMER in advance of the monthly periods. This fixed monthly payment shall vary based upon the characteristics of the Commercial Offer of the YA.COM ADSL Access Service entered into by the CUSTOMER.

Expenses, where applicable, for consumption or volume downloaded, according to the type selected by the CUSTOMER.

In addition, the Commercial Offer entered into by the CUSTOMER may include the purchasing of Connecting Hardware, a Connecting Accessory and/or any other computer equipment by the CUSTOMER. The price of said devices may be included in the fixed monthly payment, which the CUSTOMER is under obligation to pay, or may consist of a single payment that shall be made only once along with the first fixed monthly payment. This is unless the Commercial Offer entered into by the CUSTOMER sets discounts in this regard, being conditional upon the CUSTOMER remaining with the service for an initial period.

Subscription cost: YA.COM will charge no amount whatsoever by way of subscription cost.

All payments by default shall be made by bank debit. Notwithstanding the foregoing, the CUSTOMER may request, by making a telephone call to the CUSTOMER Service line available at the number 902 024 084, to pay its bills through any other means of payment that are approved.
The specified amounts to be paid by the CUSTOMER to YA.COM by way of joining fee, fixed monthly fee, consumption realised, if applicable, and, where applicable, Connection Hardware and/or Connection Accessory and/or computer equipment, will be those established for each Commercial Offer in the tables of rates published by YA.COM at all times through the URL http://www.acceso.YA.COM/tarifas and will be invoiced by YA.COM to the CUSTOMER electronically in accordance with the legislation in force.

7.2. If the CUSTOMER fails to pay any of the aforementioned amounts, YA.COM reserves the right to temporarily suspend the YA.COM ADSL Access Service. After FIFTEEN (15) days have passed from the suspension of the YA.COM ADSL Access Service, without the CUSTOMER having paid the owed amounts, YA.COM may suspend the Service finally, terminating the contract with the CUSTOMER due to causes attributable to the CUSTOMER.

7.3. Returning of the Applied Discounts: In the event the Contract is terminated due to causes not attributable to YA.COM, whether due to CUSTOMER non-compliance with its obligations thereof, or due to its voluntary request to have the account closed during the Initial Compulsory Period, the CUSTOMER shall be under obligation to return to YA.COM the Applied Discounts. The formula for calculating the amount to return, such that the CUSTOMER returns a lower amount if it has remained in the Contract longer, shall be by applying the lower of the amounts that are indicated below:

• the amount equivalent to the sum of the discounts received by the CUSTOMER within the framework of the Commercial Offer, and tied to it remaining as a CUSTOMER for the Initial Compulsory Period, which shall be one year, unless otherwise stated in the Commercial Offer. For these purposes, the following shall be considered discounts: payment exemption on the registration amount for the YA.COM ADSL Access Service, making the connecting equipment available free of charge and any additional benefit that the contracted Commercial Offer may include;

• or the amount of the remaining payments until the Initial Compulsory Period is complete.

7.4. Non-Activation of the Service: In the case of non-activation of the YA.COM ADSL Access Service, due to the impossibility of delivering the Connecting Hardware due to causes attributable to the CUSTOMER, after THIRTY (30) calendar days have passed from the first attempt at delivery of the aforementioned Hardware by YA.COM at the address indicated by the CUSTOMER for these purposes at the time the contract is signed, the CUSTOMER shall be under obligation to reimburse YA.COM for the expenses that YA.COM had incurred for registering it under the YA.COM ADSL Access Service, which sum shall be indicated for each Commercial Offer through the URL http://www.acceso.YA.COM/tarifas.

Eight. Responsibilities

8.1 Communications. YA.COM shall adopt and install the measures and technical means that are required by the current legislation, in order to guarantee the secrecy of communications and integrity of the service as they travel throughout the network of YA.COM.

In accordance with article 14 of Law 34/2002 of July 11, regarding Information and E-Commerce Company Services, YA.COM shall not be liable for information transmitted by users through its network when the data has been provided by the end user of the service.

8.2 Service Quality. YA.COM undertakes to meet the quality levels for each of the services entered into by the CUSTOMER, pursuant to the parameters and methods determined by legislation.

YA.COM will reimburse the CUSTOMER for temporary interruptions to the service lasting more than 24 hours throughout the invoicing period, starting from the CUSTOMER’s notification and produced by causes attributable to YA.COM. The Client will receive the amount corresponding to the proportional part of the period of interruption of the service increased by 10%, although this reimbursement cannot exceed the amount corresponding to a monthly fee.

The CUSTOMER must request the application of the aforementioned reimbursement within two weeks of the end of the invoiced period. YA.COM will carry out its application in subsequent invoicing periods.

8.3 Temporary Service Interruptions.
1. 8.3.1. When, during an invoicing period, the Client experiences temporary interruptions of the Internet access service, the operator must compensate the subscriber by returning the amount of the monthly quota corresponding to the YA.COM ADSL Access Service, in proportion to the length of time of the interruption. In this respect, YA.COM will be obliged to compensate the CUSTOMER automatically in the invoice corresponding to the period immediately following the one in question, when the interruption supposes the right to compensation in excess of 1 Euro.
2. 8.3.2. That set forth in the section above will not be of application when the temporary interruption is due to one of the following causes:
  1. i. Serious breach by the CUSTOMER of the contractual conditions.
    
    ii. Damage caused to the network due to the connection by the CUSTOMER of terminal units whose compliance has not been evaluated, in accordance with the legislation in force.
3. 8.3.3. The compensation allowed for in this clause is understood notwithstanding the responsibility for damage caused to final users, which will be demanded in accordance with that set forth in article 102.3 of the Regulation concerning conditions for the provision of electronic communications services, universal service and the protections of users, passed by Royal Decree 424/2005, of 15th April.

8.4. Personal information. YA.COM has adopted all legally required security measures in order to protect the personal data provided by the CUSTOMER.

8.5 Usefulness. The linking devices that YA.COM makes available to CUSTOMERs are only intended for facilitating their search for information available on the Internet. YA.COM does not guarantee that the service is suitable for performing any service beyond that being contracted, nor does it permit access to all Internet sites. YA.COM does not offer or market products and services available on linked sites, nor does it assume any liability for such products or services.

8.6 Use and Contents. YA.COM, which acts exclusively as a service provider, does not control the CUSTOMER's use of the YA.COM ADSL Access Service.

In this regard, YA.COM is not liable for the use and/or contents that the CUSTOMER may derive from the service, in contravention of the laws or these General Conditions. The CUSTOMER is solely liable for the consequences that its illegal use or use contrary to these conditions may involve, as well as the veracity and/or legality of the contents displayed in the Additional Services.

If YA.COM were to discover, whether directly or through notifications or requests from third parties, the existence of contents that could violate the current laws or these General Conditions, or the use of YA.COM ADSL Access Service for fraudulent, criminal and/or unauthorised purposes, including Additional Services; YA.COM reserves the right to suspend the YA.COM ADSL Access Service in whole or in part of its own accord, including the Additional Services, without the need for prior authorisation of the CUSTOMER, by removing the violating contents or any other measure that it deems necessary to prevent the criminal act or detected infraction from continuing.

In no case may the CUSTOMER make use of a transfer rate (bandwidth consumption), whether up or down, that is greater than what is authorised in the Commercial Offer entered into by the CUSTOMER. In this regard, YA.COM shall not allow the CUSTOMER to use either the ADSL connection or each and every one of the Additional Services for transmission and/or publication of elements, which by their characteristics such as size, format, etc., hinder the operation of the Additional Services.
8.7. Without prejudice to the foregoing, YA.COM reserves the right to make the administrative or judicial authorities aware of those events that could constitute an illegal activity, without the need to notify the CUSTOMER beforehand.
8.8 Computer Viruses. YA.COM does not control or guarantee the absence of computer viruses in the services provided by third parties through its portal network, which may cause alterations in the CUSTOMER’s computer system (software and hardware) or in the electronic documents and files stored in its computer system.

Nine. Intellectual and Industrial Property.

The CUSTOMER acknowledges that all images, designs, drawings, contents, logos, trademarks and any other product subject to protection in accordance with the applicable legislation on Intellectual Property, Patents and Trademarks, to which it could have access by subscribing to the YA.COM ADSL Access Service, are property of YA.COM or the third parties owning them. The CUSTOMER undertakes to use the YA.COM ADSL Access Service by observing these rights.

In no way does the CUSTOMER’s entering into the contract for YA.COM ADSL Access Service imply any transfer of rights to the CUSTOMER by YA.COM in the area of Intellectual Property, Patents and Trademarks. YA.COM prohibits the use of the Service in any way that directly or indirectly involves the contravention of the applicable legislation in the area of Intellectual Property, Patents and Trademarks. The CUSTOMER is exclusively liable for these actions, as well as their consequences, and shall hold YA.COM harmless in all cases.

Ten. Amending the General Contract Conditions of the YA.COM ADSL Access Service.

YA.COM may amend these General Conditions or introduce new use conditions, in accordance with current legislation, after communicating this on the Access Page to the YA.COM ADSL Access Service and a notice to the end users affected, with an advance warning of THIRTY (30) days. These amendments shall only apply from the date of their entry into force.

The CUSTOMER may terminate the contract early without the obligation to pay any amount, in the event that it does not accept the new General Conditions or the amendments therein.

Eleven. Technological Modifications.

YA.COM shall be entitled to introduce as many changes to the CUSTOMER’s systems and facilities and/or its own networks that may be demanded by legislation, and/or to maintain and/or improve the technical service quality (provided these changes do not involve modifications to essential aspects of the contracted Service). In these cases, prior notice shall be given to the CUSTOMER.

Twelve. Protection of Personal Information.

As a result of the YA.COM ADSL Access Service contract, the CUSTOMER is aware and accepts that the personal information that it provides to YA.COM shall be subject to processing in a personal data file for which YA.COM is responsible. The purpose of this file shall be the administration of the contracted service and management of incidences related thereto. YA.COM likewise notifies the CUSTOMER, that due to the technical needs for providing the service, upon accessing the YA.COM server, it shall be assigned an IP number (under the service type entered into by the CUSTOMER), which shall record the times said server was accessed. Said IP number shall also be stored by YA.COM so that YA.COM may meet the aforementioned purposes, as well as the requests coming from authorities, who in the exercise of the functions appointed to them, request information regarding the CUSTOMER.

The delivery of all data required for the YA.COM ADSL Access Service contract is compulsory, given that it is necessary to obtain all this data in order to comply with the purposes stated in the above paragraph. In this manner, YA.COM may refuse to contract the Service to the interested party who does not provide such data.

Likewise, the CUSTOMER gives their consent for the data provided by them to YA.COM within the framework of the contracted Service to be used by the latter for the following purposes:

- Management of the CUSTOMER Loyalty Programme (which may include the delivery of gifts, processing of special offers for CUSTOMERs, YA.COM news items, etc, which may be sent via the postal service, e-mail, SMS and/or MMS).

- The sending by YA.COM of commercial information concerning YA.COM products and/or services (telecommunications services, information society services and electronic commerce regarding photography-related products) whether by post, e-mail, SMS and/or MMS.

The CUSTOMER may withdraw their consent for the use of their data for any of the purposes described in the two paragraphs above, as well as exercise their right to access, rectification or cancellation, and/or opposition, by sending a letter signed by themselves to the following YA.COM address: Paseo del Club deportivo, 1 Edificio 8 28223 Pozuelo de Alarcón (Madrid), addressed to the Legal Advice Department with the reference “Data Protection”, attaching a legible copy of their National Identity Document and indicating the address to which YA.COM may send confirmation that it has met their request, or where applicable, the motives that prevent it from fully carrying out the said request.

Thirteen. Notifications.

All notifications, including communiqués of the CUSTOMER's account being closed for the YA.COM ADSL Access Service, shall be sent to YA.COM, to Apartado de Correos núm. 1058, 28108 Alcobendas (Madrid).

Fourteen. Claims.

YA.COM has a CUSTOMER Service Centre, which purpose is to attend to and resolve complaints and claims, and any contractual incident raised by the CUSTOMER, which the CUSTOMER may address.

This CUSTOMER Service Centre, shall provide the CUSTOMER, free of charge, a reference number for the incident raised by the CUSTOMER for any claim, complaint or request made.

The CUSTOMER is likewise informed of its right to request a document from the CUSTOMER Service Centre that certifies the filing and contents of the complaint or claim, through any support that allows this certification.

Claims may be filed through the 902 902 902 phone number (or the number that may replace it, where applicable), by ground mail to Apartado de Correos núm. 1058, 28108 Alcobendas (Madrid) or by e-mail to acceso@ya.com.

The CUSTOMER shall prepare its complaints or claims within the period of one month from the time that it is aware of the event resulting in the complaints or claims. Having prepared the claim, if the CUSTOMER had not obtained a satisfactory response from YA.COM in the period of one month, it may turn to the channels indicated in the following sections.

The CUSTOMER may direct its claim to the Consumption Arbitration Boards, under the terms set forth in their regulatory laws.

In the event that the CUSTOMER or YA.COM do not submit to the Arbitration Boards, it may approach the State Ministry of Telecommunications and for the Information Society, within the period of three months from the operator's response or the end of the period to respond.

The CUSTOMER may also address the governing courts of the regular jurisdiction that applies.

SPECIFIC CONDITIONS OF THE Ya.com LINE AND VOICE SERVICE

First.- Purpose and scope of application

The purpose of these Specific Conditions is to establish the framework in which Ya.com will provide the Customer with, and in which the latter will use, what for the purpose of the present Specific Conditions is entitled the Ya.com Line and Voice Service, in direct access mode supplied by Ya.com. The Ya.com Line and Voice Service is configured as a supplementary service to Ya.com’s ADSL Access Service, in the modes that enable it, and may only be contracted jointly with one of Ya.com’s ADSL Access Services within the framework of the various commercial offers made available to Customers at a given time by Ya.com.

These particular conditions therefore supplement the General Contracting Conditions of the Ya.com ADSL Access Service and are applied jointly with them.

For the proper provision of the Ya.com Line and Voice Service the use of numbers is necessary, which may be allocated to the Customer by means of the portability procedure regulated in the present Conditions or through direct number allocation by Ya.com, in accordance at all times with the Commercial Offer in force at the time and with the status of the technology employed for the provision of the service.

The Ya.com Line and Voice Service is provided to the Customer as an end customer for exclusive use at the residential or business installation address indicated in the contracting process. The Customer may not resell or distribute to third parties in any way or use the Ya.com Line and Voice Service anywhere except at the residential or business installation address. It will be understood that the Customer is a natural person or corporate entity that uses or requests the Ya.com Voice Service and that does not operate public communication networks or provide electronic communication services available to the general public or resell them.

Ya.com will not be responsible for any lack of information or false information at the time of contracting.

Second.-Period for connection

The period for the initial connection of the service will be a maximum of 60 (sixty) days from the moment in which the customer makes the contracting request and following its validation by Ya.com.

From the moment when the Customer applies for the service to the actual connection of the service, the Customer will remain a customer of his/her previous operator, maintaining the same services and invoicing received until that time.

Third.- Prior Requirements

The Customer’s fulfilment of the requirements listed below shall be considered essential and necessary for the provision of the Ya.com Line and Voice Service and any breach of those requirements shall prevent the contract from being executed and shall lead to it being considered null and void for all purposes:

(i) To fill in, where applicable, satisfactorily and in writing, the portability request, in accordance with the applicable regulations for this purpose, which may involve, amongst other requirements, the carrying out of a telephone verification procedure by a third party.
(ii) To be located in a geographical coverage zone where the necessary technology for the provision of the service is possible.

(iii) In accordance with the Commercial Offer available at a given time, it is possible that the Customer might have to have a telephone line contracted with an access provider.

Fourth.- Characteristics of the Service.

a) The Ya.com Line and Voice Service consists of a fixed telephony service in direct access mode, without the Customer having to maintain the rental of the line through which the service is provided with his/her current access provider.

b) All the characteristics of the Ya.com Line and Voice Service will be listed in the Commercial Offer in force at a given time and will be accessible for the Customer at all times.

c) According to the status of the technology, the Ya.com Line and Voice Service makes it possible to carry out several simultaneous telephone calls, for which purpose the Customer must have the equipment, duly type-approved, for the proper use of the service. The quality of the service may be affected when making various simultaneous calls.
In accordance with the commercial offer available at a given time, Ya.com will able to guarantee the quality of the service for up to a maximum of three simultaneous calls.
d) Ya.com will be responsible for the maintenance of the line from the telephone switchboard to the network termination point (NTP), which means that the Customer is responsible for maintenance from the NTP to the equipment employed for the provision of the service.

e) Equipment:

a. For the proper use of the service it is necessary to use the equipment designed specifically for the Service and which Ya.com makes available to the Customer. The Customer is obliged never to connect equipment that does not have proper acceptance certificates or which has not been duly type-approved to the public telecommunications network and/or to the equipment provided by Ya.com.

b. The mode in which Ya.com provides its Customers with the equipment necessary for the use of the service is sale mode. The Customer will be given prior notice of any modification made to the said mode, together with the applicable conditions.

c. For the proper use of the Ya.com Line and Voice Service by the Customer, he/she must connect the equipment provided by Ya.com in the main jack of his/her domicile since it will not be possible to use the Service in any other jacks, should they exist. As such, the Ya.com Line and Voice Service cannot be used through the internal network of jacks at the Customer’s domicile.

d. Under no circumstances will Ya.com be held responsible for cases in which the maximum established speed for each mode cannot be reached due to technical reasons or incompatibilities or, in general, factors that are external to Ya.com or that are not under its full control. Ya.com reserves the right to provide the ADSL service through the access technology that it has available, which means that the Customer authorises France Telecom España Internet Service Provider S.A.U. (known by its brand name Ya.com) to carry out, in its name and on its behalf, whatever actions it deems necessary on the telephone line bound by this contract in order to request from the access operator Telefónica de España S.A.U., or the corresponding operator if different, the portability of its lines and the unbundling of existing or vacant pairs, and any other process that may be necessary.

Fifth.- Incompatibilities

The Ya.com Line and Voice Service uses certain equipment in order to function correctly. This is powered by an electrical current which will not function properly when a fault occurs in the electricity supply. In such cases, if power cuts and/or breakdowns in the electricity supply occur, the contracted services or some of those that make use of the telephone line connected to the equipment could cease to function. If this occurs, Ya.com will do everything in its power to re-establish the Ya.com Line and Voice Service as soon as possible, once the cause of the unavailability of the electricity system has been resolved.

Likewise, incompatibilities may arise with certain services installed at the customer's domicile, such as certain alarm systems, installed telephone terminals or fax services.

Sixth.- Duration of the Contract.

The duration of the Contract is indefinite, in accordance with that set forth in the General Contracting Services of the Ya.com ADSL Access Service.

The termination of the contract will be carried out in accordance with that set forth in the General Conditions of the Ya.com ADSL Access Service.

Seventh.- Conditions of Use of the Service

7.1. Disconnection request: The Customer may get in touch with YA.COM at any time during the term of the contract to request the disconnection of the Ya.com Line and Voice Service for international calls or that of additional tariff services. The Customer who wishes to request the disconnection of these services must notify Ya.com in writing at PO Box No. 1058, 28108 Alcobendas (Madrid).

Ya.com will carry out the said disconnection within a maximum period of TEN (10) days from the reception of the Customer’s notification. If the said disconnection does not occur after TEN (10) days due to causes not attributable to the Customer, Ya.com will be responsible for the costs derived from the service whose disconnection is requested.

Within the additional tariff services, unless expressly requested by the subscriber, the additional tariff services provided through the codes 803, 806 and 807 followed by the figures 6, 7, 8 and 9, and those provided through the code 907 will not be of free access.

7.2. Temporary interruptions to the Service: In the case of temporary interruptions to the Ya.com Line and Voice Service that are attributable to Ya.com, in accordance with that stipulated in the regulations in force, Ya.com will return to the Customer the proportional amount for the time that he/she has remained without the Service, taking as a reference the average monthly invoicing of the faulty line for the THREE (3) months prior to the period in which the breakdown occurred prorated by the time that the interruption has lasted.

In the case of a subscription length of fewer than three months, the amount of the average invoice amount of the completed months will be considered or the amount obtained in an estimated monthly period in proportion to the actual completed consumption period. It will be understood that an interruption to the Service is a breakdown that prevents the Customer from making any call through the Ya.com Line and Voice Service. For the calculation of the duration of the Service interruption, the starting point will be taken as the date and time at which the Ya.com’s Customer Assistance Centre receives notification from the Customer, and the end point as the date and time at which the Service is re-established.

Ya.com will be obliged to compensate the Customer automatically in the invoice corresponding to the period immediately following the one in question when the service interruption gives the Customer the right to compensation for an amount in excess of 1 Euro.

In the case of interruptions due to force majeure, Ya.com will automatically compensate the Customer by returning the subscription fee amount and other fees independent of traffic, prorated by the time that the interruption has lasted.

The above will not be applicable when the temporary interruption is due to one of the following causes: i) Serious breach of the contract conditions by the subscriber, especially in the case of fraud or defaulted payments. ii) As a result of damage caused to the network due to the subscriber having connected terminal units whose compliance has not been assessed in accordance with the regulations in force.

7.3. Complaints: Complaints made about functioning, price, billing, quality and any other issue that may arise concerning the provision of the Ya.com Line and Voice Service must be addressed to Ya.com within a period of ONE (1) month from the time in which the subscriber becomes aware of the issue by calling the Customer Assistance telephone line, whose number is 902902902, or in writing to PO Box No. 1058, 28108 Alcobendas (Madrid). In the event that the Customer were not to obtain a reply from Ya.com within ONE (1) month, he/she may address his/her complaint to the applicable authorities.

This free-of-charge Customer Care service will provide the Customer with an incident reference number in the event of the Customer making any claim, complaint or request. Ya.com informs the Customer that he/she has the right to request a document from the Customer Assistance service that gives proof of the presentation and content of the complaint by means of any format permitted by the said document of proof.

7.4. The Customer may not use the Ya.com Line and Voice Service for its resale, assignment to or commercial operation by third parties on behalf of the Customer without Ya.com’s express and written consent.

Ya.com expressly informs the Customer that the use of the service for terminals of public use, the provision of telemarketing services, Internet access calls, data communication, the mass dispatch of faxes, and voice or data lines that interconnect headquarters (Novacom) is strictly prohibited. If the service is used in this way by the Customer, it will lead to the immediate termination of the present Contract.

When an improper use of the service is detected in accordance with that set forth above, Ya.com may suspend the Ya.com Line and Voice Service. It will be considered that improper use has taken place when it is detected that the Service has been used for making calls with an accumulated duration of more than 5,000 minutes calculated in a period of fewer than 30 days.

Ya.com will inform the Customer of this improper use and, if applicable, will re-establish the provision of the service with the Customer’s agreement to abide by the Conditions stipulated herein. If the improper use is repeated twice it will lead to the Customer being unsubscribed from the service, without prejudice to the actions that Ya.com may exercise in defence of its interests.

Eighth.- Economic Conditions and Invoicing

The Customer must pay the amounts listed below for the provision of the Ya.com Line and Voice Service, whose prices will be up to date at all times, when contracting the services.

The fixed monthly fee, listed in the Clause Seven (Economic Conditions) of the General Conditions of the Ya.com ADSL Access Service, whose amount will vary according to the characteristics of the Commercial Offer contracted by the Customer and which includes both the provision of the Ya.com ADSL Access Service and the provision of the Ya.com Line and Voice Service. The Fixed Monthly Fee will be invoiced by Ya.com and paid by the Customer in accordance with that set forth in Clause Seven (Economic Conditions of the General Contracting Conditions of the various Ya.com ADSL Access Services).

The listed fees will be invoiced by Ya.com in advance each month and paid by the Customer by means of direct debit, in accordance with that stipulated in the Economic Conditions of the General Contracting Conditions of the Ya.com ADSL Access Service.

The fees to be paid by the Customer may be increased for successive annual periods according to the variation of the RPI.

In the Customer area of Ya.com’s website, the Customer will receive an invoice listing each of the items payable for the Services rendered.

Ninth.- Guarantee Deposit

9.1. In accordance with the legislation in force, Ya.com may require the Customer to set up a guarantee deposit, either at the time of contracting the service or at any given time during the term of the contract in the event of (i) the Customer defaulting on one or several invoices related to a previous or current contract with Ya.com or with another access operator (ii) the Customer repeatedly making late payments of the invoices that he/she is obliged to pay for the provision of the Ya.com Line and Voice Service.

9.2. The setting up of a guarantee deposit, where applicable, must be in cash or by means of a bank guarantee and its amount will be facilitated by the Customer at the time of the requirement of the deposit in accordance with the legislation in force.

9.3. If the Customer does not set up the corresponding guarantee deposit within a period of FIFTEEN (15) days of receiving the certified request from Ya.com, the latter may suspend the Ya.com Line and Voice Service. If the deposit has still not been set up by the CUSTOMER following a second period of TEN (10) days, Ya.com may disconnect him/her from the Ya.com Line and Voice Service.

9.4. Ya.com will return the deposit within FIFTEEN (15) days from the day on which the following occurs: in case (i): from the moment in which proof is acknowledged that there has been no delay in payment for a period of ONE (1) year and in case (ii): from the moment in which Ya.com has proof of the payment in full of the amounts owed by the Customer.

9.5. If the subscriber cancels his/her contract with the Ya.com Line and Voice Service, Ya.com may execute the guarantee for the full amount of the outstanding debt, with the customer retaining access to the remainder. If the Customer has paid all the invoices, Ya.com will return the deposit in full.

Tenth.- Suspension and Interruption of the Ya.com Line and Voice Service

10.1 Temporary suspension: In the event of a delay by the Customer in the full or partial payment of the amounts that he/she is obliged to pay for the provision of the Ya.com Line and Voice Service lasting more than ONE (1) month starting from the presentation to the CUSTOMER of the charge document corresponding to the invoicing, in accordance with the legislation in force, Ya.com will be empowered to suspend the Ya.com Line and Voice Service having provided the Customer with at least FIFTEEN (15) working days’ notice.

The temporary suspension of the telephone service due to non-payment will be maintained for all incoming calls, except for reverse charge calls, and outgoing emergency calls.

10.2 Notice of suspension or interruption of the service. In order for the suspension or interruption of the service to be carried out by Ya.com, the following requirements must be met:
1. (i) Ya.com will request payment and, by means of a communication, will give at least fifteen days’ notice of suspension before the day on which it is due to take place.
2. (ii) The communication will indicate the date on which the suspension will take place if the payment is not made.
3. (iii) The suspension cannot take place on a non-working day.

10.3. Suspension at the Customer’s request. The Customer may request the temporary suspension of the service for a certain period that cannot be less than a month or more than three months. The period cannot exceed, under any circumstances, 90 days per calendar year. In the event of suspension, half of the proportional amount corresponding to the affected period will be deducted from the fee.

10.4. Interruption: In the event of a delay by the Customer in settling the amounts that he/she is obliged to pay for the provision of the Ya.com Line and Voice Service for a period of more than THREE (3) months or in the case of temporary suspension on TWO (2) occasions due to a delay in the payment of the Ya.com Line and Voice Service, Ya.com, in accordance with the legislation in force and having forewarned the Customer, will be empowered to interrupt the Ya.com Line and Voice Service definitively and to terminate the contract due to a cause attributable to the Customer.

10.5. The temporary suspension or definitive interruption of the Ya.com Line and Voice Service will not be applicable in cases where the Customer has made a complaint before the competent authorities or the customer has effected a recorded payment for the outstanding amounts and has handed over the corresponding receipt for the said payment to Ya.com.

10.6. Ya.com will reimburse the Customer for temporary interruptions to the service lasting more than 24 hours throughout the invoicing period, starting from the Customer’s notification and due to causes attributable to Ya.com. The Client will receive the amount corresponding to the proportional part of the period of interruption of the service increased by 10%, although this reimbursement cannot exceed the amount corresponding to a monthly fee.

The Customer must request the application of the aforementioned reimbursement within two weeks of the end of the invoiced period. Ya.com will carry out its application in subsequent invoicing periods.

Eleventh.- Termination

The Customer may at any time request the voluntary cancellation of the Ya.com Line and Voice Service giving at least FIFTEEN (15) days’ notice before the effective cancellation date, in writing to PO Box No. 1058, 28108 Alcobendas (Madrid), enclosing a copy of his/her National Identity Document.

The customer may voluntarily cancel the Ya.com Line and Voice Service by giving at least FIFTEEN (15) days’ notice before the effective date of the cancellation, using any of the following procedures for this purpose: i) Notification in writing to Ya.com, to PO Box No. 1058, 28108 Alcobendas (Madrid), attaching a copy of his/her National Identity Document ii) By telephoning Customer Assistance on 902 902 902, providing his/her personal data (Name, Address, ID No., etc.), as well as stating his/her unequivocal wish to cancel the Service, following the instructions with which he/she will be provided iii) Through the space set aside for this purpose on the Customer Area Webpage, filling in the form provided for this purpose with his/her personal data and stating his/her unequivocal wish to cancel the Service, following the instructions with which he/she will be provided.

In the event of the contracting of the Ya.com Line and Voice Service not being completed or in the event of voluntary cancellation by the Customer, Ya.com, in accordance with the status of the technology and the regulations in force, will do everything in its power to maintain the provision of the contracted Ya.com ADSL Access Service. The contracted Ya.com ADSL Access Service will be provided to the Customer, where applicable, under the conditions of the Commercial Offer to which he/she has subscribed and at the price which, in accordance with the characteristics of this Offer (speed, timetable, additional services, etc.), was published by Ya.com. The cancellation of the ADSL Access Service, for whatever cause, will lead automatically to the cancellation of the Ya.com Line and Voice Service.

Twelfth.- Publicly available guides on electronic communication services.

If the Customer ticks this box, ___ Ya.com will transmit his/her data (name and surname or registered name; subscriber number; postal address of the domicile-except floor no., letter and staircase no.; Terminal; operator) to the competent regulatory body in accordance with the regulations in force in order for it to be included in telephone information services and guides. In any case, the Customer may get in touch with Ya.com by reliable means in order to request that his/her information be totally or partially excluded from the said services, in order to request the correction of errors in his/her data, to add to the data already listed in the guide, or in order to request that it not be used for commercial purposes. All of the above can be carried out free of charge.

Ya.com's obtainment of any piece of data other than that described above, or its transmission to a Third party, will require the Customer's express consent in all cases.

The Customer will have the right for all his/her data listed in guides not to be used for advertising or commercial prospecting purposes. Furthermore, the customer may exercise his/her right to data access, rectification, cancellation and opposition (according to that stipulated in clause Twelve concerning the Protection of Data of a Personal Nature in the General Conditions of the Ya.com ADSL Access Service).

The information set forth in this section will be of application to the data used for the provision of enquiry services on subscriber numbers.

Thirteenth.- Legal System

The present Specific Conditions are incorporated within the General Conditions of the various Ya.com ADSL Access Services, the said General Conditions being applicable in their entirety except those which contradict that set forth in the present document, in which case that set forth herein will prevail.

Conditions applicable to the Service for the Portability of Geographic Numbers

1.- Definitions

Donor Operator: The operator from which the number is carried to another operator.

Recipient Operator.: Ya.com, as the operator with the obligation to facilitate the maintaining of the number that it requests from a Donor Operator, in the name and on behalf of the holder, for a certain line or group of contracted lines, for the portability of the number linked to the said line or lines.

2.- Purpose.

It will be understood that the portability service is the procedure through which Ya.com processes the request signed by the Holder to cancel his/her service with the Donor Operator and, simultaneously register him/her for the Ya.com service, maintaining his/her number.

3.-Service request.

The request for a number portability service must be carried out by the Holder of the line contracted with the Donor Operator, who will sign it.

The Customer agrees to fill in and sign the Portability Request in accordance with the model facilitated by Ya.com.

4.-Authorisation of the Applicant.

The Holder of the telephone line expressly authorises the Recipient Operator to carry out in his/her name all the administrative steps necessary in order to obtain authorisation for the portability request from the corresponding Donor Operator, having made the opportune checks on the validity of the request and, where applicable, having carried out the administrative steps and communications for the authorisation request, in the legally established manner, with the Donor Operator, who must notify the Recipient Operator of the result corresponding to the said request.

5.-Activation.

If the Customer’s portability request is accepted by the Donor Operator, the latter will notify Ya.com within a maximum period of 12 working hours from its reception of the date and time at which the switchover window will occur, within a period of 3 to 5 days from the reception of the portability request. Ya.com will notify the Holder of the time at which the said switchover will take place. The duration of the switchover window will be three (3) hours, although it may take up to six (6) hours in the event of the unbundling of the pair taking place in parallel. The Holder accepts the possible interruption or restricting of the service provision for the minimum essential time established by the regulations in force, in order to carry out the process for switching operator.

If the Holder wishes to cancel the activation of the requested portability, he/she must do so 24 hours before the start of the switchover window.

6.-Causes for refusing or postponing the request.

Serán causas de denegación y aplazamiento de la presente solicitud, las establecidas en las especificaciones técnicas aplicables a la conservación de números en redes fijas aprobadas por la CMT.

7.-Data Protection.

The holder gives express authorisation for the transfer of the personal data necessary in order to maintain his/her numbers, both those included in the request and those known by the operator with whom he/she is a subscriber, to the operators involved in the portability process.

8.-Responsibility.

For cases where, following the processing and activation of the portability request, disturbances occur in the provision of the telephone service, due to causes not related to and/or not attributable to Ya.com, such as the non-reception of calls by the Holder or the incorrect delivery of the calls made by him/her, and in particular when the calls are due to deficiencies, in accordance with the legislation in force, in the networks of third-party operators involved in the portability process, Ya.com will be exempt from any responsibilities that may be derived in this respect. Without prejudice to this, Ya.com will do everything in its power to discover and inform the Holder of the origin of the said disturbances in respect of the provision of the contracted telephone service.