General Terms and Conditions
In case of discrepancy between these Special Terms and Conditions and the General Terms and Conditions, the following order of precedence shall apply:
- The Contract Form.
- The Special Terms and Conditions.
- The specific terms and conditions for fixed-line telephone and broadband internet access services and the specific terms and conditions for mobile telephone service.
- The General Terms and Conditions.
1. Purpose
ALTANETICA S.L. (hereinafter the OPERATOR or GHOFI), with registered office at Josep Pla nº 8, 17252 Calonge i Sant Antoni, Girona, Spain, and Tax Identification Number (CIF) B65675399, is a telecommunications OPERATOR that offers the Services described in the following clause (the "Service" or the "Services").
These General Terms and Conditions ("GTC") shall govern the relationship between the Service Customer (the "Customer") and the OPERATOR in relation to the contracted Services. Reading the General Terms and Conditions by the Client is a necessary condition prior to the activation of the Services, and implies full and unreserved acceptance of each and every one of the provisions included in these General Terms and Conditions.
2. Description of Services
Landline Telephone Service: The Landline Telephone Service, using Voice over IP technology, allows the Customer to receive and make calls on their line, as well as other basic features and associated additional services.
Mobile Telephone Service: This Service includes the provision of Mobile Telephone Calls and associated electronic communications services (including Mobile Internet Access) and any associated value-added services requested by the Customer. To provide this Service, GHOFI will provide the Customer with a SIM card that can be used in any unlocked mobile device. The Service will be provided within the national territory. Outside of Spain, the Customer can receive the Service by requesting activation of the Mobile Telephone Service from abroad ("Roaming Service"). Please note that activation of this Service may involve special charges for incoming and outgoing calls abroad, according to current regulations.
Broadband Internet Access Service: This Service includes, regardless of the technology used:
- Broadband Internet access with 24-hour browsing at the contracted access speed. Due to the technical characteristics of the Service, this speed is a maximum; therefore, GHOFI cannot guarantee the access speed contracted by the Customer at all times, and it will also depend on any associated additional Services.
- For Fixed and Mobile Telephone Services, if the Customer does not have a number, the OPERATOR will assign one. The OPERATOR's Fixed and Mobile Telephone Services include, where applicable, the portability of the telephone number the Customer had with their previous OPERATOR. To do this, the Customer must request it by completing the Portability Request form so that the transfer of Fixed or Mobile Telephone Services to their previous OPERATOR can be processed. Number portability will be carried out in accordance with the portability procedures established in the respective Technical Specification document for Administrative Procedures for Number Preservation in the event of a change of OPERATOR, approved by the National Commission for Markets and Competition. The Services are offered to you exclusively as an end customer and for use based on good faith. In particular, and without limitation, the following are prohibited:
- Use contrary to Spanish law, or that infringes the rights of third parties or the proper use of the Services, which are solely for the personal and private use of the Customer, who is responsible for controlling access to them.
- The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic, or defamatory.
- The collection and/or use of personal data of other users without their express consent, or in contravention of the provisions of Organic Law 15/1999, on the Protection of Personal Data.
- The resale of traffic or the Services, or their commercialization or commercial exploitation by any means or system.
- Communication with numbers dedicated to call routing, that is, numbers that offer, as a commercial service, the routing of calls to a number other than the one called.
- The objectively irregular or fraudulent use of the Services, such as: "baby monitors"; "walkie-talkies"; calls made solely, or mostly, to premium-rate or value-added services; use of the Services for sending unsolicited commercial communications; sending large messages to overload third-party servers; making unsolicited communications when they can be classified as irregular traffic. In particular, the Client must not use the Services to send unsolicited or bulk emails ("spam") or make any use of mailing lists to send information to any person who has not given permission to be included in such a process.
In these cases, the OPERATOR may terminate the Contract or temporarily block the affected Services until the circumstances of the irregular use of the Service are clarified, or change the tariff, after notifying the Customer. In the latter case, the Customer may terminate the Contract with respect to the specific Service under the terms agreed therein.
3. Rates, Billing, and Payments
The applicable prices and charges for the Services will be those established in accordance with the rates and other General and/or Specific Terms and Conditions, offers, or promotions in effect at any given time. Any changes to the rates will be communicated to the Customer by any means the OPERATOR deems appropriate so that the Customer is aware of the change and the new rates. These rates will be available to the Customer at all times on our Website. Access to Emergency Services is free of charge.
The invoice will be issued monthly and will itemize the Basic Service, as well as the other contracted Services, broken down by billing categories within each Service, including those related to the sale or transfer/rental of equipment.
Subscription fees will be billed monthly in advance. Metered Services will be billed monthly based on the consumption of the previous month. The foregoing is without prejudice to the provisions of the Specific Terms and Conditions for each Service within these General Terms and Conditions.
For Fixed Telephone and Fixed Broadband Internet Services, the monthly subscription fees include network maintenance up to the OTP (Optical Network Termination Point, in the case of Fiber) or up to the AP (Access Point, in the case of Radio Link).
The first invoice will include the activation, setup, and, where applicable, installation and/or maintenance fees. Where applicable, it will also include the price of the equipment purchased and the Service configuration, unless payment of said price is deferred, in which case it will include the proportional amount corresponding to the first month based on the number of months of deferred payment. It will also include any recurring fees applicable from the moment the Service is activated within the billing period.
The Customer has the right to choose a payment method from those commonly used in commercial transactions. To use a payment method other than direct debit (which is the default payment method unless otherwise stated in the Special Conditions), you may contact Customer Service.
Customer claims regarding billing do not justify delays in payment of the invoices in question. Invoices not paid by their due date will accrue late payment interest equal to the legal interest rate, plus the costs incurred for the returned payment and other administrative expenses, which may amount to a maximum of €20 (VAT included), without prejudice to any other consequences that may arise from non-compliance, including, but not limited to, the inclusion of your data in credit and solvency files.
The OPERATOR may use, with the Customer's authorization, the credit or debit card information provided by the Customer to collect outstanding amounts. Likewise, the OPERATOR may execute any deposits, bonds, and/or other guarantees established in the Special Conditions, as permitted by law. By accepting these General Terms and Conditions, the Client expressly consents to the OPERATOR issuing invoices for the Service electronically (Electronic Invoices), which can be accessed through their online personal area using the login credentials provided by the OPERATOR at the time of purchase, or via email upon request.
The Client agrees to and accepts the "No Paper Invoice Clause for Tree Conservation and Environmental Protection": The Client and the OPERATOR agree that, in order to protect the environment and promote sustainability, invoices related to this contract will be issued exclusively in electronic format (e.g., PDF) and will be sent via email or any other digital means described above.
Neither party will issue or request paper invoices unless absolutely necessary for legal or regulatory reasons. The parties acknowledge that this agreement aims to reduce paper consumption, decrease deforestation, and conserve natural resources. Furthermore, by adopting this clause, the parties contribute to reducing their carbon footprint and promoting sustainable and responsible business practices.
Upon termination of the contractual relationship, regardless of the contracting method, if a balance remains in favor of the Client, the Client may request a refund. The OPERATOR may deduct any applicable administrative and management expenses according to the rates in effect at any given time. The OPERATOR will also be responsible for any applicable fees. The customer has this right to compensation when the balance is in favor of the OPERATOR
The OPERATOR may, in order to guarantee the Client's compliance with their obligations:
- Request an advance from the Client, or make an immediate additional charge to their account, for the amounts accrued to date.
- Request a non-interest-bearing cash deposit from the Client.
- Request a bank guarantee, for an amount never exceeding the estimated average of three months' consumption per Service.
- Restrict the Client's access to higher-priced Services, premium-rate Services, and International Services.
This type of action may be taken, among others, in the following cases:
- The credit limits established, if any, are exceeded.
- The Service is suspended or interrupted for any of the reasons stipulated in these General Terms and Conditions, or the contract is terminated.
- The Client breaches these General Terms and Conditions. - In case of fraud or unauthorized use of the Service according to these General Terms and Conditions
- Objective risk of non-payment, understood as such, for example, the declaration of bankruptcy.
Notwithstanding the foregoing, the provisions of the Specific Conditions for Fixed-Line Telephone Service in these General Terms and Conditions shall apply to the Fixed-Line Telephone Service.
4. Right of Disconnection
For Fixed-Line and Mobile Telephone Services, the Customer may request the OPERATOR to disconnect premium-rate services and international calls. To do so, the Customer must contact Customer Service indicating their wish to disconnect from the services in question. The OPERATOR will disconnect the service within a maximum of ten (10) days from receipt of the request.
If the disconnection does not occur within the indicated period for reasons not attributable to the Customer, the costs arising from the service for which disconnection was requested shall be borne by the OPERATOR.
Should the Customer wish to activate or subsequently deactivate these types of Services, they must also submit an express request for activation or deactivation through the available Customer Service by calling 972 662 943 or sending an email to help@ghofi.com.
5. Operator Liability and Service Quality
In the event of a temporary interruption to the Fixed or Mobile Telephone Service, the Customer will be entitled to compensation equal to the greater of the following two amounts:
- The average amount billed for the interrupted Services during the three (3) months prior to the interruption, prorated for the actual time the Customer is affected by the temporary Service interruption. If the Customer has been a customer for less than three months, the average bill amount for the full months billed will be considered, or the amount that would have been obtained in an estimated month, proportional to the actual usage period.
- The monthly subscription fee or equivalent in effect at the time of the interruption, prorated for the duration of the interruption.
Services or calls made while roaming abroad by operators other than the OPERATOR are excluded from the scope of liability for the Mobile Telephone Service.
The OPERATOR will refund this amount upon receiving a claim from the customer, deducting it from the next bill, when the compensation amount exceeds one (1) Euro. If issuing a bill for service termination is not applicable, the compensation will be paid by a method agreed upon with the Customer in each case.
If there is a temporary interruption of the Broadband Internet access service during a billing period, the customer will be entitled to compensation in the form of a refund of the subscription fee and other fixed fees, prorated for the duration of the interruption, provided the service interruption, whether continuous or intermittent, exceeds six hours between 8:00 a.m. and 10:00 p.m. This compensation will be credited to the next bill. The corresponding bill will specify the date, duration, and calculation of the compensation amount due to the subscriber.
In the cases listed in the preceding paragraphs, the OPERATOR will compensate the Customer if the interruption affects the area where the address listed in the Customer Contract is located, or, in the case of Mobile Telephone Service, if the OPERATOR knows that the Customer was in an area affected by the interruption at the time of the interruption and cannot be relocated to another area during the interruption period. If the Customer has been affected by an interruption, they must notify the OPERATOR, through Customer Service, within ten (10) days of the Service being restored, indicating their geographic location at the time of the interruption if it affects the Mobile Telephone Service. This information must not contradict the information held in the OPERATOR's systems.
Additionally, except for interruptions due to force majeure, the OPERATOR commits to offering the following level of service quality: Regarding service interruption time, a maximum interruption of no more than 48 hours during each billing period. Should this commitment be breached, the OPERATOR will compensate the Customer with an amount equal to one prorated monthly fee for the duration of the interruption during the billing period.
When, due to promotions, the Customer receives a discount on the entire monthly fee for the Services, the monthly fee for said Services will be considered for compensation purposes.
These compensations will be cumulative with those stipulated in the preceding paragraphs.
For these purposes, service interruption time is defined as the sum of the time elapsed from the moment the Service becomes unavailable, once it has been activated, until the moment it is restored to normal operation. The account will begin at the first of the following two events: (i) the Customer's notification of the fault, or (ii) the OPERATOR's registration of the incident causing the total or partial interruption of the Service.
For compensation purposes in all the aforementioned commitments, the monthly Broadband Internet Access Service fee will be considered to be 50% of the total monthly fee in cases of bundled Service packages where the total package price does not itemize the amount attributable to each Service (Telephone Service and Broadband Internet Access Service).
The provisions of the preceding paragraphs will not apply when the temporary interruption is due to any of the following causes:
- Serious breach by the Customers of the contractual conditions, especially in cases of fraud or late payment, which will result in the application of temporary suspension and interruption of the Service.
- Damage to the network caused, for example, by the Customer connecting terminals whose compliance has not been assessed in accordance with current regulations.
- Breach of the Code of Conduct by a Customer providing premium-rate services, when the subscription contract is held by the latter.
The Customer who is the account holder for the Service is responsible for all traffic, services used, and any misuse thereof. Notwithstanding the foregoing, the OPERATOR, after identifying the account holder and their circumstances, may also take measures within its power to prevent damages from the date on which, through Customer Service, the loss, theft, or robbery of their access credentials to the Service, or the existence of fraud, or, in the case of Mobile Telephone Service, the loss, theft, or robbery of the SIM card, is reported.
The OPERATOR shall not be liable for any damages, losses, or lost profits incurred by the Client or any other third party caused directly or indirectly by the failure to provide the Service or by its defective provision due to the following causes: (i) malfunction, defects, failures, and/or damage to Client Terminals or Devices not provided by the OPERATOR; (ii) the loss, alteration, and/or total or partial damage to information contained on the Client Terminals or Devices due to causes not attributable to the Service; and (iii) any other cause not due to non-conformity of the Service or total or partial breach or defective performance by the OPERATOR.
The OPERATOR shall not be liable for any consequences arising from incorrect configuration of the Client's Devices not performed by the OPERATOR or from applications installed by the Client, which are independent of and unrelated to the Service provided by GHOFI.
The OPERATOR will adopt the measures and install the technical means required by current regulations to guarantee the confidentiality of the signal content transmitted through the OPERATOR's network. The OPERATOR will be exempt from any liability arising from the Customer or third parties obtaining recordings of telephone conversations, their use or publication, and, in general, from any actions or omissions not attributable to the OPERATOR that breach the confidentiality of telephone communications. This is without prejudice to any obligations the OPERATOR may have under applicable legislation regarding interceptions carried out by authorized agents in compliance with said legislation.
The OPERATOR informs you that it provides publicly available Fixed and Mobile Telephone Service, with the option to identify the originating and connected lines. If the Customer does not wish their telephone number to be identified by other users, the OPERATOR provides methods to restrict the identification of the calling and connected lines. The Customer may obtain this information from Customer Service.
The OPERATOR is not liable for failures, interruptions, or malfunctions of the Service contracted by the CUSTOMER when these are due to intentional or negligent actions by the CUSTOMER or a third party, or in cases of force majeure. For these purposes, intentional or negligent actions shall include the connection or manipulation of equipment by the CUSTOMER or a third party unrelated to the OPERATOR's personnel, defective operation of the Service resulting from the lack of certification of equipment owned by the CUSTOMER or from non-compliance with technical specifications, and acts or omissions attributable to the CUSTOMER and their personnel that prevent, limit, or restrict the provision of the Service.
The OPERATOR shall not be liable to the CUSTOMER for indirect or consequential losses or for any other form of business damage, loss of profits, loss of anticipated savings, loss of earnings, unjust enrichment, compensation for customer acquisition, or damage to goodwill. In any case, the OPERATOR's liability will be limited to the amount paid by the CLIENT as consideration for the provision of the contracted Service, expressly excluding any other type of liability.
If the CLIENT believes there is a deficiency in the Service provided, they must notify Customer Service and expressly request compensation for damages, always within the limit established in this agreement.
6. CUSTOMER SERVICE AND NOTIFICATIONS
GHOFI will offer Customer Service, which will include telephone support from 9:00 AM to 8:00 PM, Monday to Friday, and support via WhatsApp and email from Monday to Sunday regarding the use of the Services (technical support for your PC or device used to access the Services is excluded).
To clarify any doubts regarding price, billing, quality, or any other matter related to the Services, or if you wish to file a complaint, the Client should contact Customer Service.
Customers can submit inquiries on our website www.ghofi.com, through their user profile, or by sending an email to help@ghofi.com.
They can also submit inquiries or complaints by calling 972 662 943.
In the case of a complaint, a reference number will be assigned and communicated to the customer by the operator. If the complaint is made by phone, the customer can request a ticket number, which will be provided and sent by email.
Once the complaint has been resolved, the operator will inform the customer of the solution adopted through the same method used to submit the complaint.
Once a complaint has been filed, if the Customer has not received a satisfactory response from the OPERATOR within one (1) month, they may appeal to the Consumer Arbitration Boards if the OPERATOR submits to their jurisdiction, or to the State Secretariat for Telecommunications and the Information Society in accordance with current regulations, without prejudice to their right to pursue legal action.
7. PROTECTION OF PERSONAL DATA
The OPERATOR complies with current Spanish and European Union legislation regarding the processing of its Customers' personal data. To this end, it adopts the necessary technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access, and theft of the personal data provided, taking into account the state of the art, the nature of the data, and the risks to which it is exposed.
In compliance with data protection regulations, you are hereby informed of the terms and conditions of the data processing carried out by the OPERATOR.
7.1 Who is responsible for processing your data?
The data controller is ALTANETICA S.L., with Tax Identification Number (CIF) B65675399 and registered office at Calle Josep Pla 8, 17252 Calonge i Sant Antoni (Girona), Spain.
This company offers certain telecommunications services through various operator brands.
Customers can request information from Customer Service regarding our Data Protection Officer (DPO) and the means by which they can be contacted.
7.2 For what purpose do we process your data and under what legal basis?
Your data will be processed for the following purposes:
The OPERATOR will process your personal data, including your creditworthiness data, for statistical and historical studies.
- Purpose 1: Provision of the Telecommunications Service
This purpose includes various activities that are necessary and inherent to the provision of the Telecommunications Service, such as: - Managing portability processes, both when the OPERATOR acts as the donating operator and when it acts as the receiving operator. - Conducting communication through an electronic communications network, establishing and routing the call (including interconnection). - Providing Internet access service, if included in the contracted services. - Recording traffic and interconnection data and using it for billing purposes or to deduct from the available balance on prepaid cards, as well as for extrajudicial and judicial collection in case of non-payment.
- Purpose 2: Sending advertising about new rates, promotions, and improvements from the OPERATOR applicable to the contracted Service or similar services
This purpose includes the use of your personal data to send you communications related to the provision, improvement, and updating of Services, as well as advertising information about promotions applicable to your Service, new rates, or other Services (including Value-Added Services) that may be of interest to you.
This advertising information will be sent through any channel (text messages, emails, phone calls, postal mail, etc.) and may be generic or personalized. In the latter case, it will be based on the prior processing of your data in order to profil and segment your audience, determine your tastes, preferences, and needs, and, based on this information, identify the offers that may be most relevant to you.
The Customer may object to receiving further marketing communications at any time. This right may be exercised by mail to the address above, by email to lopd@ghofi.com, or through our Customer Service.
- Purpose 3: Development of marketing activities regarding products and services offered by third-party companies in the leisure, culture, insurance, financial services, and home assistance sectors.
If you consent, the OPERATOR may carry out marketing activities to send you, through any channel, offers and promotions from third-party companies in the leisure, culture, insurance, financial services, and home assistance sectors.
- Purpose 5: To analyze the Customer's traffic, billing, browsing, and geolocation data to develop marketing activities.
If you give your consent, the OPERATOR may analyze the Customer's traffic, billing, browsing, and geolocation data to gain a better understanding of your preferences, consumption habits, and needs (e.g., to understand the scope and distribution of your data and minutes usage) in order to develop marketing activities related to the OPERATOR's products and services, those of companies within the Group, and those of other third-party companies in the aforementioned sectors.
- Purpose 6: Transfer of your data to Group companies
If you give your consent, the OPERATOR will transfer your data to other companies in the Group for the following purposes: - To share information and, through the analysis of aggregated data, conduct statistical studies that allow for more valuable commercial actions for both parties (e.g., identifying a Customer's likelihood of subscribing to a higher or lower data plan based on the past behavior of others with a similar profile). - To allow other companies in the Group to contact you directly, through any communication channel, to develop marketing activities related to their products or services.
- Purpose 7: To enrich your profile based on information provided by third parties.
If you give your consent, the OPERATOR will obtain additional information about you from external sources provided by geomarketing companies, social media, the Land Registry, property registries, information on historical number portings performed by a specific number, etc. This is all for the purpose of creating profiles through marketing studies and statistical and segmentation techniques and procedures that allow us to introduce improvements and/or adapt or select the information and product or service offers that best suit your profile.
- Purpose 8: To verify your ability to pay using creditworthiness databases and automated scoring procedures.
The OPERATOR informs you that, with your consent, it may verify your ability to pay using shared creditworthiness and solvency databases whose administrators provide this service in accordance with current legislation, provided that it maintains a contractual relationship with the Customer that involves the payment of a sum of money (e.g., any postpaid contract) or for the purpose of evaluating the economic viability of a new contract involving financing, deferred payment (e.g., a subsidy for a device), or recurring billing.
Likewise, as part of the process of evaluating the Customer's ability to pay, the OPERATOR may use automated scoring systems.
- Purpose 9: Retaining data after the Contract ends.
If you give your consent, the OPERATOR will retain your data after the Contract ends for a maximum of 5 years, for the following purposes: - To develop marketing activities to send you, through any channel, offers and promotions on other products and services from the OPERATOR, companies in the GHOFI Group, and third parties belonging to the indicated sectors. - To conduct statistical studies that allow for more valuable marketing activities for both parties (e.g., developing churn propensity models).
- Purpose 10: Verifying the accuracy of the data provided by the Customer and combating fraud.
The OPERATOR is committed to protecting the Customer and the company itself from fraud in contracting. In this regard, it may verify the accuracy of the data provided by the Customer through CSV codes or similar mechanisms, or by requesting confirmation from the issuing bank.
Furthermore, if you join the Hunter System, your customer data will be added to a file owned by the Spanish Association of Companies Against Fraud. This data will be compared with other data from telephone service applications in the Hunter System for fraud prevention, solely to detect potentially fraudulent information during the service approval process. If inaccurate, irregular, or incomplete data is detected, your application will be subject to further review, and this data will be included in the file and may be accessed for the aforementioned purposes by entities participating in the Hunter System and belonging to the following sectors: finance, card issuers, payment methods, telecommunications, leasing, insurance, debt consolidation, real estate, energy and water supply, recurring billing, and deferred payment.
The list of entities participating in the Hunter System will be available on the website of the Spanish Association of Companies Against Fraud: <www.asociacioncontraelfraude.org>.
Customers may exercise their rights of access, rectification, erasure, objection, data portability, or restriction of processing of their data before the Spanish Association of Companies Against Fraud, by writing to the following address: P.O. Box 2054, 28002 (Madrid), Spain, and sending a signed request accompanied by a photocopy of their identification document.
- Purpose 11: To communicate debt default data to common credit reporting systems.
If you fail to meet your financial obligations to the OPERATOR on time, resulting in a certain, overdue, and payable debt, and after prior payment demand, your identifying data and data relating to the outstanding debt will be communicated to the entities responsible for common credit reporting systems (e.g., BADEXGUG, ASNEF, Judicial Incidents File, etc.), in accordance with current legislation.
- Purpose 12: Statistical information.
7.3 What type of data do we process?
For the purposes outlined in the previous section, the Customer's data is processed and can be divided into the following sources and categories:
- Data provided directly by the Customer:
Data provided directly by the Customer, either when requesting the Service by completing the forms provided for this purpose, or data provided throughout the contractual relationship through various means, such as complaints or information requests submitted to Customer Service. The Customer is responsible for the accuracy and updating of this data.
- Data obtained from sources other than the Customer:
Data obtained from sources other than the Customer, either with their consent or by any other legal basis (legitimate interest, compliance with a legal obligation). These sources are: - Publicly accessible sources. - Public Administration bodies (e.g., General Treasury of Social Security (TGSS), State Tax Administration Agency (AEAT), etc.) or Judicial bodies. - Common credit information systems (e.g., BADEXGUG, ASNEF, Judicial Incidents File, etc.). - Identity protection or fraudulent data detection files (e.g., the file provided by the Hunter System). - Information provided by other telecommunications companies during portability processes. - Data derived from the development of the relationship:
Data provided indirectly by the Client as a result of the provision of the contracted Service and the maintenance of this activity. This category includes traffic data, payment history or contracted products, browsing data through the public Website or access to the private area, and other data of a similar nature.
- Data inferred by the OPERATOR:
Data inferred by the OPERATOR through the analysis of Customer data, either by applying mathematical algorithms or through its own know-how. This category includes data such as the results of Customer profiling activities based on various criteria the entity may use, such as their relationship with the company, length of service, and their use of the contracted Services.
- Data obtained from third parties:
If you give your consent, data provided by third parties such as geomarketing companies, social media platforms, the Land Registry, other telecommunications companies, the CNMC (National Markets and Competition Commission), or other companies that may collaborate with this body for compliance with telecommunications regulations, and companies that provide information on the economic activities of self-employed individuals or professionals.
7.4 Communication of Data to Third Parties and Network Operators
The Client expressly acknowledges and accepts that, for the technical feasibility and effective provision of the contracted telecommunications services, the OPERATOR must necessarily communicate their personal data (including identifying, contact, and technical line location data) to the entities owning the network infrastructure and telecommunications wholesalers with which it operates. Specifically, their data will be communicated to Xfera Móviles, S.A.U. (MásMóvil Group), with Tax ID A-82528548 and registered address at Avenida de la Vega, 15, 28108 Alcobendas (Madrid), as well as to the entities resulting from its corporate integration into the MASORANGE group (including Orange Espagne, S.A.U.), exclusively for the following purposes:
- Provision and Maintenance: Management of line activation, resolution of technical incidents, and portability.
- Regulatory Compliance: Obligations arising from Law 25/2007 on data retention and collaboration with authorized agents (legal interception).
- Fraud Prevention: Verification of identity and solvency in shared sector systems.
This communication is necessary for the execution of the contract; therefore, refusal to consent to it would prevent the provision of the service. The Client may exercise their rights of access, rectification, erasure, and objection with these recipients through the official privacy channels of ALTANETICA S.L., at C/ Josep Pla, 8 Baixos, 17251 Sant Antoni de Calonge (Girona), which will process the request if applicable.
7.5 How long will we keep your data?
Personal data will be kept for as long as the contractual relationship with the Client is maintained and, subsequently, for a maximum period of 5 years, if consent has been given. Once the contractual relationship has ended (or, where applicable, after the 5-year period has elapsed), the data will be deleted in accordance with data protection regulations, which implies its blocking, being available only at the request of Judges and Courts, the Public Prosecutor's Office, or the competent Public Administrations during the limitation period for any actions that may arise, and, after this period, its complete deletion.
In any case, if, upon termination of the contractual relationship, there are any pending disputes arising from actions to challenge the invoice or to collect payment, the data may be retained during the processing of these disputes, until a final resolution is reached (at which time the data will be blocked and subsequently deleted), although it may only be used for evidentiary purposes.
7.6 What are your rights?
Our data protection regulations grant you a series of rights regarding the data processing involved in our Services, which can be summarized as follows:
- Right of access: To know what type of data we are processing and the characteristics of the processing we are carrying out.
- Right to rectification: To request the modification of your data if it is inaccurate or untrue.
- Right to data portability: To obtain a copy of the data being processed in an interoperable format.
- Right to restriction of processing in the cases provided for by law.
- Right to erasure: Request the erasure of your data when processing is no longer necessary.
- Right to object: Request that we stop sending you commercial communications as described above.
- Right to withdraw your consent, with your request being processed within approximately 10 days.
- Right to lodge a complaint with the supervisory authority (in Spain, the Spanish Data Protection Agency - AEPD).
You can exercise your rights by mail to Calle Josep Pla nº 8, 17252 Calonge i Sant Antoni (Girona), Spain or by email to lopd@ghofi.com, indicating the right you wish to exercise and attaching the required documentation. On the Spanish Data Protection Agency (AEPD) website, you can find a series of templates that will help you exercise your rights.
Reasons for Service Suspension
The OPERATOR may suspend the contracted Service in the following cases:
- When the Client has failed to meet their payment obligations or has exhausted their balance and/or exceeded their credit limit.
- If the Client provides the OPERATOR with personal data that is not truthful, is deliberately incorrect, or impersonates a third party.
- When the Client makes irregular or fraudulent use of the Service.
- When the Client has used a payment method fraudulently or there is a reasonable risk of fraud.
In any of these cases, the OPERATOR will contact the Client, prior to suspending the Service, to inform them of the breach of the General Terms and Conditions.
The OPERATOR may temporarily suspend the Services in the event of total or partial late payment by the Customer, effective from the date the OPERATOR becomes aware of such delay, after providing the Customer with 48 hours' prior notice informing them of the effective date of the suspension. This suspension may not take place on a non-business day. Notwithstanding the foregoing, in the case of Fixed Telephone Service, if the Customer is totally or partially late in paying invoices for a period exceeding one (1) month from the invoice date, the OPERATOR may, after providing the Customer with fifteen (15) days' prior notice, temporarily suspend the contracted Services, informing the Customer of the effective date of the suspension. This suspension may not take place on a non-business day.
The suspension will only affect the Services for which payment is in arrears. Suspension of the Service does not relieve the Customer of the obligation to continue making monthly payments. In the event of temporary suspension of Telephone Service due to non-payment, service will be maintained for outgoing emergency calls, as well as for incoming calls, with the exception of collect calls and calls made while abroad. The OPERATOR will restore the suspended Service within the next business day following confirmation that the outstanding amount has been paid in full.
In the event of temporary suspension, if the Customer has filed a complaint with the Consumer Arbitration Boards (if the OPERATOR submits to their jurisdiction) or with the State Secretariat for Telecommunications and the Information Society, the OPERATOR will not suspend or interrupt the Service while the complaint is being processed and the Customer provides proof of payment of the outstanding amount, submitting the corresponding receipt to the OPERATOR.
Service reconnection will be carried out in accordance with the terms and conditions in effect at that time, and the Customer will be required to pay the applicable reconnection fee. During the suspension period, the OPERATOR may remove the rented equipment from the Customer's premises.
The Customer may formally request the temporary suspension of the Fixed Telephone Service fifteen (15) days in advance of the desired effective date by sending a communication to Customer Service. The suspension period will not be less than one (1) month nor more than three (3) months. The suspension period may not exceed ninety (90) days per calendar year. In these cases, the OPERATOR will deduct fifty percent (50%) of the proportional amount corresponding to the affected period from the Customer's subscription fee.
A delay in the total or partial payment of the OPERATOR's invoices exceeding three (3) months, or the temporary suspension of Services on two occasions due to late payment, will entitle the OPERATOR to permanently terminate the Services and the corresponding termination of the Contract.
In any case, the Service may be interrupted in accordance with current regulations when a deficiency caused by the Customer occurs that affects the integrity or security of the Network or the provision of Services to other Customers. This measure will cease when the Customer disconnects the equipment causing the deficiency and notifies the OPERATOR.
The OPERATOR may occasionally interrupt the Services to carry out improvement work, repairs, equipment changes, or for similar reasons. However, such interruptions will be as brief as possible and will preferably be carried out, whenever possible, during off-peak hours. The Customer accepts the need to allow such interruptions and that the OPERATOR will not be obligated to compensate the Customer except for the amounts of the compensation stipulated in the OPERATOR'S Liability section of this Agreement, as applicable.
8. Duration and Termination
This Agreement is for an indefinite period. The OPERATOR has the right to terminate the Contract for the general reasons for termination of contracts and for the reasons mentioned in the General Terms and Conditions. The termination of the OPERATOR's authorization to provide the Service, when this makes it impossible to continue providing the Service, will be grounds for automatic termination of this Contract at the OPERATOR's request, without the Client being entitled to any compensation in this case.
The Customer has the right to terminate the Contract at any time by sending written notice of termination to [help@ghofi.com], accompanied by a copy of their national identity document or equivalent identification, to Customer Service at least two business days prior to the desired termination date and always before the next billing cycle.
The Contract will be terminated, with the consequent permanent interruption of the Service, for the general causes permitted by law and especially for the following:
- Customer decision.
- Serious breach of the obligations arising from the Contract, as well as for use of the Service contrary to good faith.
- Delay in payment for the Service for a period exceeding three (3) months or temporary suspension of the Contract on two occasions due to late payment, as stipulated in these General Terms and Conditions.
- Unauthorized, illegal, fraudulent, or improper use of the Service.
In exceptional circumstances where necessary for technical, operational, or service reasons, or in the event of a permanent service interruption, the Customer must return the devices and/or terminals belonging to the OPERATOR.
In accordance with the obligations imposed on the OPERATOR as a telecommunications operator under Law 25/2007, on the retention of data relating to electronic communications and public communications networks, the OPERATOR reserves the right to cancel the Contract or block or suspend the Service at any time if it is found that the identifying information provided by the Customer is false, incorrect, or incomplete.
If the Customer does not request number retention, termination of the Contract for any reason may result in the loss of the assigned number within one month of the termination date.
Modification of the General Terms and Conditions
The OPERATOR may modify these General Terms and Conditions, as well as the rates in effect at any given time, by notifying the affected Customer at least one (1) month prior to the effective date, which will be expressly indicated. If the Customer does not accept the new conditions and notifies the OPERATOR accordingly, they may terminate the Contract early and without penalty. If, after one (1) month from the date of notification by the OPERATOR, the Customer has not expressly stated their disagreement, or continues to use the Service after the announced modification takes effect, it will be understood that they accept the proposed modifications.
Changes of Address, Telephone Number, or Account Holder
The Customer may request a change of address where they receive the contracted Services through Customer Service. If, for technical reasons, the OPERATOR is unable to provide the Services at the new address, the Customer may terminate the Contract early and without penalty.
If the change of address is technically feasible, the Customer will only be required to pay the applicable change of address fee.
In the case of rented telephone and/or internet equipment, the Customer is responsible for relocating the equipment associated with these Services to the new address. When it is necessary to change the Customer's mobile or landline telephone number, either due to technical requirements or because it is required by current regulations, the OPERATOR will notify the Customer of the change and the reasons for it, providing three (3) months' notice in the case of landline telephone numbers, and will inform the Customer of the new number that will be assigned. The Customer will not be entitled to compensation for this change. Notwithstanding the foregoing, the OPERATOR will take the necessary steps to ensure that the Customer can retain their telephone number when changing OPERATORS, in accordance with applicable regulations and conditions. Furthermore, the Customer may request a change of telephone number at any time.
In the event of a change of account holder, both the current and new account holders declare that all information provided to the OPERATOR's Customer Service Department is correct and that they have read, understood, and fully accepted these General Terms and Conditions. The effective date of the new payment responsibility will be the day after the OPERATOR confirms the change of account holder, which will occur once the necessary documentation has been duly completed. Notwithstanding the foregoing, the change of account holder does not exempt the current account holder from paying any amounts accrued up to the date of the change.
Assignment
The OPERATOR reserves the right to transfer the rights and/or obligations arising from these General Terms and Conditions to a company belonging to the same corporate group or to a third-party electronic communications OPERATOR without requiring the Client's express consent, notifying the Client of this fact at least one (1) month in advance. Clients who do not wish to accept such assignment may terminate the Contract early and without penalty.
Severability
The declaration of nullity, ineffectiveness, or invalidity of any of these General Terms and Conditions shall not affect the validity of the remaining conditions, which shall remain in full force and effect and binding on the parties.
Applicable Law and Jurisdiction
The law applicable to the relationship between the parties is Spanish law, and the competent court shall be that determined in each case by the regulations on consumer protection if the Client qualifies as a consumer. Otherwise, the parties submit, to the exclusion of any other jurisdiction that may apply, to the jurisdiction of the Courts of Girona / La Bisbal d'Empordà for the resolution of any disputes arising from the interpretation or application of these Terms and Conditions.
SPECIFIC CONDITIONS FOR FIXED TELEPHONE AND BROADBAND INTERNET ACCESS SERVICES
Purpose
These specific conditions apply only to the contracting of Fixed Telephone and Broadband Internet Access Services, whether independently or bundled with other services.
Line Installation and Activation
The OPERATOR will provide access to the Service via Fiber Optic or Radio Link only in locations where it has the appropriate infrastructure. You can consult the coverage areas on our Website or contact Customer Service.
- Radio Link
The Customer declares that they have been fully informed of the characteristics and conditions of the Broadband Internet Access Service and expressly requests, for the provision of the Service, that their antenna (also called a "radio link") be accessed by the OPERATOR or the companies of the Group (any of them, hereinafter "the OPERATOR") in the fully unbundled access mode or in the indirect access mode. The OPERATOR will carry out the following actions at the Customer's address as necessary for the installation of the Service:
- Installation of a Radio Link point on the roof.
- Installation of a router or Wi-Fi access point.
- Connection of the installed equipment with a maximum distance of 2 meters indoors and 10 meters outdoors. If these distances are exceeded, an additional installation quote must be requested.
From the moment the CLIENT requests the Service, and once it is installed and activated, GHOFI will begin providing Customer Service. GHOFI guarantees the resolution of any technical issues within 24-48 hours, during customer service hours from 9:00 AM to 8:00 PM, Monday to Friday. However, on-site technical visits to the CLIENT's premises for issue resolution will be scheduled between 9:00 AM and 6:00 PM, Monday to Friday.
Once the Service can be provided on the line, the OPERATOR will, if applicable, port the Client's number according to the portability request that the Client has signed in this Contract.
In the event of a change of ownership, both the current and new account holders declare that all information provided to the OPERATOR's Customer Service is correct and that they have read, understood, and fully accepted these General Terms and Conditions. The change of payment responsibility will take effect the day after the OPERATOR confirms the change of account holder, which will occur once the necessary documentation has been duly completed. However, the change of account holder does not exempt the current account holder from paying any amounts accrued up to the date of the change.
- Fiber Optic
If the Customer does not have the necessary infrastructure for the provision of the Service, the OPERATOR or another company acting on its behalf must carry out the installation at the Customer's address. To this end, after the signing of these General and Specific Terms and Conditions, a technician from the OPERATOR or an external company authorized by the OPERATOR will visit the Customer's address on the date agreed upon. The Customer expressly authorizes the OPERATOR and the technicians it designates to access their address and the facilities and equipment necessary for the proper installation. This authorization extends to any actions required for the proper provision or maintenance of the Service, as well as, where applicable, to the removal of the Equipment.
The Customer must grant the technician access to the building where the Fiber Optic access point is located, if it has been deployed inside the building.
The OPERATOR will carry out the following actions for the installation of the Service:
- Connection of the external fiber optic cable to the Customer's building network.
- Installation of cable inside the building or along the facade to the Customer's residence.
- Installation of an optical network termination point at the Customer's residence.
- Installation of a Wi-Fi router/ONT at the Customer's residence.
- Connection of the installed equipment with a maximum distance of 1.5 meters.
The OPERATOR may modify the elements to be installed or the actions to be performed for the installation, according to the needs of the Service at any given time.
The Customer acknowledges having been informed of the characteristics of the Service provision and that, in the case of fiber optics, this does not imply the automatic termination of all Services that the Customer may have previously contracted with the OPERATOR or with another OPERATOR. The Customer may maintain their previous RADIO LINK/Internet Access Service, if any, and associated Services. In this same case, the cancellation of the Customer's Radio Link/Internet Access Service with their previous provider is the Customer's responsibility. Should the Customer wish to cancel, they must contact their previous provider.
In both the case of Radio Link and Fiber Optic Service installation and activation, the Customer declares that they possess all necessary third-party permits and licenses for the installation and provision of the Service. The provider shall be exempt from any liability to these third parties.
The Customer's refusal of the basic installation to be performed by the provider entitles the provider to terminate this Contract immediately, and the provider shall invoice the Customer for all expenses incurred up to the date of termination.
- IP Addresses
The IP addresses that may be assigned are not the property of the Customer, and the provider may modify them when justifiable reasons exist. Furthermore, the OPERATOR is not responsible for the misuse or fraudulent use by the CLIENT or third parties of the IP addresses provided to the CLIENT. As an optional service to the basic service, the CLIENT may contract static IP addresses by paying the amount according to the OPERATOR's current rate, with the OPERATOR committing to maintain them for the duration of the contract. The OPERATOR may, after notifying the CLIENT, modify the assigned IP addresses in the event of force majeure.
- Service Quality Parameters
The upload and download speeds will be as indicated in the specific contract terms and, in any case, no less than 10% downstream and 10% upstream in the case of Radio Link and 80% downstream and 80% upstream in the case of Fiber Optic.
Notwithstanding the foregoing, GHOFI informs the CLIENT that the relevant factors that may limit the effective speed experienced and over which the operator has no control are:
- The distance from the subscriber loop to the central office and/or the presence of external electromagnetic interference or interference between adjacent cables can attenuate the signal and cause a decrease in speed.
- Weather conditions can temporarily affect service speed in the case of radio links.
- If the CUSTOMER uses a wireless router for their connection, the limitations of both the router and the Wi-Fi LAN must be taken into account. Coverage typically varies depending on whether the connection is indoors (houses, apartments, etc.), largely due to the building's construction, or outdoors, where it depends on potential interference (such as other wireless networks or operators) and any structures or obstacles (walls, formwork, various installations, natural obstacles) between the signal transmitter and receiver.
- If the CLIENT uses Ethernet PLC adapters to connect the router and computer via the electrical network, the coverage depends on the adapter model used, the distance between adapters, electrical noise or interference from other devices connected to the electrical network, the number of devices simultaneously plugged into the socket where the adapter is connected, etc.
- Certain hardware and software components 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. File-sharing (P2P) software installed on the PC generates a large number of packets, causing slow browsing and even saturating the network traffic.
- Some viruses residing on the CLIENT's PC can generate a large number of packets to infect other computers, causing slow browsing and even saturating network traffic (viruses or worms, their mutations, and derivatives).
- Malicious software running on the LAN. - Automatic updates of software installed on the PC. Certain programs (operating system, antivirus, browsers, etc.) often offer online updates that the CLIENT can configure to automatic (this option is usually selected by default). When the CLIENT connects to the Internet, these programs search for and download updates in the background. The CLIENT is not notified or interrupted during the process, but this increases data traffic, slowing down browsing.
- The CLIENT's cabling or equipment is not in perfect condition or does not meet the technical requirements and specifications required for GHOFI to provide this service.
Rates, Billing, and Payments
The rates applicable to the Fixed-Line Telephone Service may have associated minimum usage requirements or fixed monthly fees. The minimum monthly usage required by the Customer will depend on the Specific Terms and Conditions of each rate. If the minimum amount corresponding to the rate is not used in a given month, the OPERATOR will bill the Customer for that month, or the remaining amount needed to reach the minimum.
Certain rates may include a fixed monthly fee. Information regarding this fee will be provided in the Specific Terms and Conditions applicable to each rate prior to signing the contract. This fixed fee will be charged at the beginning of each billing period. If the service is canceled after the billing period has begun, the Customer will be charged the fixed fee in proportion to the number of days used from the start of the billing period until the cancellation date. Similarly, certain services provided by the OPERATOR, which will be communicated to the Customer prior to their provision, may incur additional charges. The OPERATOR may require a security deposit at the time of contracting the Fixed Telephone Service or during the term of the Contract when:
- The Customer has failed to pay one or more bills, for as long as the arrears persist.
- Debts have been incurred under other subscription contracts, whether current or not, or the Customer repeatedly falls behind on payments. The deposit may be made in cash or by bank guarantee, at the Customer's option.
Deposits will not accrue interest. The OPERATOR will require proof of receipt of the deposit, granting a period of no less than fifteen (15) days for its establishment or for payment of any outstanding amounts. If the deposit is not established, the OPERATOR may reject the registration application, suspend the Service, and terminate the Client's account if the deposit is not established within ten (10) days of a second request. The required deposits will not exceed the estimated average of three months' consumption per Service. Deposits will be refunded in the following cases:
- As soon as the OPERATOR receives proof of full payment of the amounts owed.
- When it is verified that there have been no payment delays in the past year.
If a Client with outstanding debts cancels their Service or requests a change of ownership, the OPERATOR may execute the guarantee for the total amount of the outstanding debt, with any remaining balance available to the Client. If the Customer has paid all invoices, the deposit will be fully refunded. The refund period will be fifteen (15) days from the day following the date on which the aforementioned circumstances are met.
Broadband Internet Access Service
The Customer declares that they have been fully informed of the characteristics and conditions of the Broadband Internet Access Service. Due to the technical configuration of the Service, we inform you that cancellation of the Broadband Internet Access Service could also affect the Landline Telephone Service, resulting in the cancellation of the latter.
The Customer is also informed that the provision of the Service may involve incompatibilities with services based on modems or alarms, PBXs, elevator lines, and telecare services, and, in general, with any service provided over a traditional telephone line. The OPERATOR does not guarantee the operation of the aforementioned services that were installed prior to the activation of the Broadband Internet Access Service.
When the Service is provided via Radio Link, the Customer acknowledges that the OPERATOR cannot guarantee the contracted speed in all cases, as the distance to the central office, line quality, and potential interference may reduce said speed. The OPERATOR will make its best efforts to ensure the Customer receives the maximum technically possible speed of the contracted Radio Link Service.
Generally, whether the Service is provided via Radio Link or Fiber Optic, the contracted speed will be achieved using the Ethernet cable connection between the provided equipment and the Customer's terminal. This speed may be limited by the capabilities of the device used by the Customer to connect to the Service.
When other connection methods such as Wi-Fi are used, the speed on the Customer's device may be limited by the characteristics of that connection method. In the case of Wi-Fi, factors beyond the OPERATOR's control, such as the structure of the Customer's home, interference from other Wi-Fi networks, the capabilities of the device used to connect to the Internet, indoor or outdoor use, or other factors, may cause a decrease in the final speed experienced by the Customer.
In addition to the aforementioned factors beyond the OPERATOR's control that may cause a decrease in the speed experienced by the Customer, it is possible that the speed may be limited in the event of maintenance operations carried out by the OPERATOR or in the event of Service interruptions.
Fixed Telephone Service
If the Customer subscribes to the Fixed Telephone Service, it will be provided over the line associated with the Radio Link Service or over the Fiber Optic line, as applicable. Due to the technical configuration of the Service, please note that canceling the Fixed Telephone Service could also affect the Broadband Internet Access Service, in which case the latter service with the previous provider would also be canceled.
The Telephone Service, using Voice over IP technology, allows the Customer to receive calls on their landline terminal intended for the number associated with their line. It also allows the Customer to make calls from the same line.
In the case of service provision over a fiber optic line, the Customer may maintain their existing telephone service, if any, and any associated services. In this case, the Customer is responsible for canceling their telephone service with their previous operator. Should the Customer wish to cancel, they must contact their previous operator.
To enjoy this service, the Customer authorizes the operator to perform any network actions necessary to guarantee the reception of calls to their geographic number.
Activation of Fixed Telephone and Broadband Internet Access Service
The operator will activate the fixed telephone and broadband internet services within a maximum of thirty (30) calendar days from the Customer's acceptance of these General Terms and Conditions. Activation of these services will take place on the same day the operator successfully completes the installation at the Customer's address or once the suitability of the existing installation has been verified.
This activation period is referred to as the initial connection delivery time, for the purposes of the OPERATOR's current quality obligations. Failure by the OPERATOR to meet this initial connection delivery time commitment will entitle the Customer to compensation at a rate of one (1) Euro per calendar day of delay, up to a maximum of ninety (90) Euros.
In the event of technical reasons preventing the OPERATOR from providing the Service, or the physical inaccessibility of the cable installation to the Customer's home connection point, or other circumstances beyond the OPERATOR's control that prevent the OPERATOR from providing the Service, such as force majeure or other reasons attributable to the Customer, the Customer will not be entitled to any compensation.
The OPERATOR undertakes to provide the contracted Services in accordance with the quality commitments required by applicable regulations.
Emergency Services
The OPERATOR provides the Customer with free access to Emergency Services, as well as information on the caller's location, depending on the capacity of the systems in the Autonomous Community where the Customer is located at the time of the call.
Subscriber Directories
If the Customer requests that their information be included in the subscriber directories by checking the corresponding box, the OPERATOR will communicate the information provided by the Customer to the National Commission on Markets and Competition (CNMC) so that it can make it available to the entities that compile the directories and/or provide information services.
Equipment and Terminals
The OPERATOR will deliver the following equipment to the Customer or install it at their home if the Customer does not have the necessary installation for the provision of the Service (for the purposes of these General Terms and Conditions, the Equipment):
- Fiber Optic Installations (FTTH):
- Standard Router / ONT: €120
- WiFi Mesh Equipment (per unit): €90
- Radio Link Installations (WiMAX / 5GHz):
- Standard outdoor antenna (CPE): €150
- Neutral indoor router: €60
- High Speed Installations (60GHz / mmWave Technology):
- High Capacity Antenna/Node (e.g. Wave Pro/cnWave): €490
- Special support and anchoring elements: €50
Cabling within the limits described in these General Terms and Conditions. Any excess cabling or installation must be quoted separately.
Any other equipment, peripherals, or devices provided by the Operator to the Client for the proper provision of the Services.
The technical specifications of the equipment that the Operator provides and installs to offer the Service to the Client may be subject to change. The Client will be informed of any changes through our Website and through Customer Service.
The Operator will configure or provide instructions for configuring the equipment provided to the Client. Unless the Client objects, the Operator may create a second, independent channel on the equipment through which the Service is provided, at no cost and without affecting the quality of the contracted Service, to provide additional services such as the possibility of sharing Broadband Internet with third parties. This will not affect or reduce the speed contracted by the Customer for their Broadband Internet Access Service. The Customer may deactivate this sharing at any time through the OPERATOR's Customer Service.
The OPERATOR provides the Equipment to the Customer under a lease/rental agreement, unless expressly stated otherwise by the OPERATOR. The Customer is responsible for the proper use of the equipment and for preventing any tampering.
The OPERATOR will be responsible for the maintenance of the provided Equipment, as well as its replacement in case of malfunction. The Client is obligated to return the Equipment to the OPERATOR in a condition suitable for its proper use, upon request from the OPERATOR, at any time and in any case, within one (1) month after the Service is terminated.
If the Client does not return the Equipment within this period, the OPERATOR will apply a penalty of €310 for radio link service and €120 for fiber optic service.
If the OPERATOR provides any software or any self-installable Equipment or Terminal, the Client must follow the installation instructions provided by the OPERATOR. The OPERATOR offers no warranty, either express or implied, on the installation support software provided, nor is it liable for any damage or alterations that may occur to the Client's computer system (configuration, software, and/or hardware) or to electronic documents and files stored on their computer system as a result of its execution.
Terminal Warranty and After-Sales Service
Notwithstanding the foregoing, if there are Terminals or Equipment associated with the Contract that are acquired by the Client from the OPERATOR or from a third party with whom the OPERATOR has reached an agreement, such equipment has a legal warranty period from the date of purchase, delivery, or installation, as evidenced by the corresponding invoice or delivery note. In such cases, the OPERATOR offers an after-sales service for processing repairs with an official Technical Support Service recognized by the manufacturer of said Equipment. This warranty will not apply in the following cases:
- Replacement of wear parts as a result of normal use of the Equipment.
- If the Equipment has been tampered with by a technical support service not authorized by the OPERATOR.
- If the cause of the nonconformity is due to incorrect installation by the Customer or improper handling or use of non-original manufacturer parts/accessories.
- Maintenance
The OPERATOR will repair any faults that occur in all Equipment provided by the OPERATOR and related to the provision of the Service, assuming the cost thereof, provided that the faults were caused by reasons not attributable to the Customer. If the Customer detects a fault in the Equipment or a malfunction of the Service, they must contact the OPERATOR's technical support service by calling Customer Service. The OPERATOR will use the means it deems necessary at any given time to resolve the issue.
The OPERATOR may remotely detect whether the issue is due to a problem with the service provided. If the fault is not caused by the service provided by the OPERATOR, but the CUSTOMER insists on requesting a visit from an OPERATOR technician, the OPERATOR will bill the CUSTOMER for the technical visit, the current cost of which is €50 + VAT.
SPECIFIC CONDITIONS FOR THE MOBILE PHONE SERVICE
Purpose
These Specific Conditions apply only when contracting the Mobile Phone Service, either independently or bundled with other services.
Line Installation and Activation
The Customer will have 60 days from the date of purchase or receipt of their SIM card to activate it. If the card has not been activated or used within this period, the OPERATOR may cancel it. In this case, the Customer will be entitled to a refund of the amount paid, upon request to Customer Service.
In this case, as well as in the case of cancellation of the subscription by the Customer, the OPERATOR shall have the right to charge the administrative fees corresponding to the shipment of the SIM card, without prejudice to the provisions of the clause dedicated to the right of withdrawal, where applicable. Any applicable administrative fees will be communicated to the Customer in the Specific Terms and Conditions of the contracted Services.
Rates, Billing, and Payments
Mobile Telephone Service rates may have associated minimum usage requirements or fixed monthly fees.
The minimum monthly usage required by the Customer will depend on the Specific Terms and Conditions of each rate. If the Customer does not use the minimum amount corresponding to their rate, the OPERATOR will bill or deduct that amount from their balance each month, or, if applicable, the remaining amount until the minimum is reached.
Certain plans may include a fixed monthly fee, which will be detailed in the Specific Terms and Conditions for each plan before you sign up. This fixed fee will be charged at the beginning of each billing period. If you cancel your service after the billing period has started, you will be charged the fixed fee in proportion to the number of days you have used the service from the beginning of the billing period until the cancellation date. Certain services provided by the OPERATOR, which you will be informed about before they are performed, may incur additional charges.
To ensure accurate billing for mobile data services, the OPERATOR may restore the connection to this service every two hours of continuous use. Service restoration consists of automatically restarting the data session.
Postpaid mobile phone services are governed by these General and Specific Terms and Conditions.
Coverage
The OPERATOR will provide the Service exclusively in the coverage areas of the national territory where it operates. The OPERATOR undertakes to provide the Service within the limits of coverage and the current state of technology. In any case, the OPERATOR will not be liable for interruptions or malfunctions of the Service caused by orographic and/or atmospheric conditions that prevent or make its provision impossible.
Identification Obligations in the Case of Monthly Subscription Contracts
To contract the Service under this modality, it is necessary to complete an identification and contracting process. The personal data provided during the identification process will be processed in accordance with the General Terms and Conditions.
In order to identify you as required by current legislation, you must provide the personal data requested in the online contracting form and a photograph of your national identity document or passport. The use of electronic means as a contracting channel makes it essential to implement measures that allow for the effective verification of the subscriber's identity and compliance with current regulations. The absence of any of the required data, its inaccuracy, or failure of the data verification process will result in an error that will prevent your registration and subscription to the Services. If you do not agree with this identity verification procedure, you can subscribe through other channels, which you can find at www.ghofi.com.
Consequences of Service Suspension
For a period of 30 days from the date of Service suspension, you may receive calls (except when you are outside the national territory or when they are collect calls) and SMS messages.
Once the aforementioned 30-day period has elapsed without the cause of the suspension having ceased, the receipt of calls and SMS messages will also be blocked. Once 90 days have passed since the suspension date without the cause having ceased, the OPERATOR will permanently block the SIM card, and the Contract with the OPERATOR will be definitively terminated with respect to this Service.
The OPERATOR may unilaterally terminate the Contract with respect to this Service when it considers the Mobile Telephone Service to be inactive. The Service will be considered inactive when four consecutive months have passed without any billable service usage.
The OPERATOR reserves the right to claim from the Customer the amount of any negative balance, plus interest and expenses arising from the claim.
Until the permanent block, it is possible to pay outstanding bills, top up your balance, and make emergency calls to 112, as well as call Customer Service at 2373.
SPECIFIC CONDITIONS OF CONTINUED SERVICE
In the event of a purchase or transfer/rental of Equipment or Terminals under subsidized or advantageous conditions for the Customer, whether or not such purchase or transfer is linked to a specific pricing plan and/or the application of certain discounts, as well as in the event of the application of certain discounts on the price of the Services, the Customer agrees to remain registered under this Contract for the term and under the conditions detailed on the cover page, from the date of signature. In the event that the Customer terminates the Contract early for any reason, fails to pay the OPERATOR any amounts owed, resulting in the definitive interruption of the Service, breaches the Contract, misuses the Service, or changes the contracted pricing plan to another with a consumption commitment or a lower fee, the Customer shall pay the OPERATOR the corresponding amount based on both the commitment undertaken and the time remaining to fulfill it, up to the maximum amount detailed on the cover page (excluding indirect taxes). This payment is compensation for the Customer's failure to comply with the agreed terms and in consideration of the benefits previously received. If the OPERATOR is unable to provide the Service due to technical reasons beyond the Customer's control, the Customer shall return the Equipment and Terminals provided by the OPERATOR within fifteen days of the OPERATOR notifying the Customer of the Service's inability to provide the Service. The return of the Equipment and Terminals will be carried out by the Customer in the same manner as their initial delivery. If the Customer fails to return the Equipment and Terminals within the specified period, they must pay the OPERATOR the amount detailed on the cover page.
If, during the term of the contract, the Customer requests a change of address to a geographic area where the OPERATOR cannot provide the Service due to technical reasons, the Customer must pay the OPERATOR the corresponding amount based on both the commitment made and the time remaining to fulfill it, up to the maximum amount detailed on the cover page (excluding indirect taxes). This is compensation for the Customer's failure to comply with the agreement and in consideration of the benefits previously received.
RIGHT OF WITHDRAWAL. ONLY APPLICABLE TO DISTANCE OR OFF-PRICE CONTRACTS
The Customer has the right to withdraw from this Contract within 14 calendar days from its conclusion. If you are signing up with the OPERATOR by porting your number from another OPERATOR, please note that exercising the right of withdrawal will not result in an automatic return to your original OPERATOR. You will need to initiate a new porting process with your original OPERATOR for this purpose.
To exercise your right of withdrawal, you must notify us of your decision to withdraw from the Contract in writing. You may send this notification by email to help@ghofi.com.
Exercising the Right of Withdrawal entails the obligation to return the Equipment or Terminals provided by the OPERATOR for the provision of the Service in their original packaging, in perfect condition, including all accessories. Only products that show no signs of damage will be accepted for return. The Customer will be responsible for any diminished value of the returned products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the products being returned. For added security, the Customer may include the completed and signed withdrawal form in the package.
As a result of exercising the Right of Withdrawal, the Customer must return or deliver the products (Terminals or Devices) directly to the address indicated in this section, without undue delay and, in any case, no later than 14 calendar days from the date on which they notify the OPERATOR of their decision to withdraw from the Contract. The Customer must also bear the direct cost of returning the products provided by the OPERATOR. Notwithstanding the foregoing, we inform you that we may withhold the refund until we have received the returned products correctly or until we receive unequivocal proof of their return, whichever occurs first.
In the event of withdrawal, the OPERATOR will return to the Customer all payments received no later than 14 calendar days from the date on which the Customer informs the OPERATOR of their withdrawal.
In the event of cancellation, if the OPERATOR has installed and/or activated the Service at the express request of the Customer during the period in which this right may be exercised and prior to the Customer exercising said right, the OPERATOR shall be entitled to charge the installation cost of €199 and the consumption incurred up to that point, as well as the proportional fees stipulated in the General and Specific Terms and Conditions of each tariff incurred by the Customer.
If the Customer cancels the Contract and the price payable has been fully or partially financed through a loan (either by the OPERATOR or by a third party with the OPERATOR's prior agreement), such cancellation shall simultaneously result in the termination of the loan without penalty.
If the Customer enjoys a commercially discontinued Service with the OPERATOR and contracts a new Service under this Agreement, upon cancellation of this Agreement, it will not be possible to reinstate the original Service. However, the OPERATOR will ensure the Customer is not adversely affected.
ADDITIONAL CONDITION FOR ROAMING SERVICE
For use of the Service in another country within the European Economic Area (EEA), the OPERATOR will apply the same rates as for domestic use, provided the Customer is habitually resident in Spain or has stable ties to this country. In accordance with European regulations and if the Specific Conditions of the contracted tariff so stipulate, the OPERATOR may establish a limit on the contracted data volume, beyond which a surcharge may be applied as set forth below.
The Customer agrees to make reasonable use of the Service while roaming in another EEA country. In order to prevent abusive or irregular use of the service, the OPERATOR may monitor objective consumption and presence indicators for a period of at least four months. These indicators may include: exceeding 50% of the contracted data volume or presence in another EEA country for more than half of the observation period (measured in days), as well as long periods of inactivity and activation, and sequential use of multiple SIM cards.
If the Customer exceeds the established data volume limit for consumption in another EEA country or engages in abusive or irregular use of the Service, the OPERATOR may, after prior notice, apply a surcharge to the Customer, which may not exceed the current wholesale price. Before this surcharge is applied, the Customer will have 14 days to provide, if applicable, accurate data regarding their presence or consumption.
The Customer may contact the OPERATOR, in accordance with clause 6, to file any complaint related to the application of these provisions. You can find more detailed information about the roaming service terms of use at: https://ghofi.com/tarifas-roaming.pdf.
Specific Terms and Conditions of the Roaming Service
These specific terms and conditions govern the relationship between the customer and ALTANETICA S.L. ("GHOFI"), with Tax Identification Number (CIF) B65675399 and registered office at Calle Josep Pla nº8, 17252 Calonge i Sant Antoni (Girona), in all matters relating to the provision of mobile electronic communications services contracted by the customer with GHOFI ("service") while roaming ("Roaming"), in accordance with the European Union Roaming Regulation.
Reading these specific terms and conditions is a necessary prerequisite for using roaming services and implies full and unreserved acceptance of each and every provision included herein. These specific terms and conditions supplement the general terms and conditions governing the provision of the Service.
ROAMING SERVICE
Roaming service allows the customer to use their contracted mobile electronic communications services when traveling abroad, once the service is active, and provided it is available in the country visited.
International calls and messages (originating in Spain and destined for any other country) are excluded from these terms and conditions.
ACTIVATING ROAMING SERVICE
Activate roaming from your Customer Area or by calling +34 972 662 943.
PRICE
The price of the service will depend on the country you are in.
Zone 1 or EU Zone: EU and EEA Roaming (*)
From June 15, 2017, calls made within Zone 1 or the EU Zone will be charged according to your national plan. There will be no surcharge for using your mobile phone in any EU or EEA country (*).
- Calls: Voice calls made while roaming will be billed at the per-minute rate and connection fee of your national plan. If you have a plan with a voice allowance, roaming calls will count towards your allowance. Once your allowance is used up, your national plan will apply. Calls received by the customer will not be charged and will not count towards your national voice allowance. Calls made from Spain to the roaming line will be charged at the national call rate according to their plan.
- Messages: Messages sent while roaming will be billed at the per-message rate specified in the customer's national plan. If the plan includes a data allowance, messages sent while roaming will count towards the allowance. Once this allowance is exceeded, the same conditions as the customer's national plan will apply. SMS and MMS messages received while abroad will not be charged and will not count towards the SMS allowance.
- Data: Data traffic used while roaming will be billed at the per-GB rate of the customer's national plan. If the plan includes a data allowance, data traffic used while roaming will count towards the data allowance. Once the allowance is exceeded, the same conditions as for national data traffic will apply: pay-as-you-go at maximum speed, reduced speed, or use of services that extend the data allowance.
Other Zones:
- Calls: Voice traffic while roaming will be billed according to the applicable roaming rate in the corresponding country. Both outgoing and incoming calls will be charged. Calls from Spain to the roaming line will be charged at the national rate according to the terms of their plan.
- Messages: SMS/MMS traffic while roaming will be billed according to the applicable roaming rate in the corresponding country. SMS and MMS messages received while abroad will be free for the customer.
- Data: Data traffic while roaming will be billed according to the applicable roaming rate in the corresponding country. You can find all GHOFI roaming rates at https://ghofi.com/tarifas-roaming.pdf.
FAIR USE POLICY IN ZONE 1 OR EU ZONE
As of June 15, 2017, traffic within Zone 1 or the EU Zone will be charged according to the national rate conditions of roaming customers who are habitually resident in Spain or have stable ties to this country, implying a frequent and substantial presence, when they travel regularly within the EU. Therefore, GHOFI reserves the right to apply the "fair use policy" described in the European Roaming Regulation if, based on the control mechanisms and objective indicators described, inappropriate, abusive, or fraudulent use of the Roaming Service by the customer is detected.
The "fair use policy" aims to prevent roaming customers from abusing or abnormally using roaming services provided in Zone 1 or the EU Zone. The following will be considered usage that exceeds the "fair use policy":
- Predominant presence and usage while roaming in the EU and EEA compared to domestic presence and usage.
- Prolonged inactivity of SIM cards associated with predominantly roaming use.
- The sequential acquisition and use of multiple SIM cards by the same customer while roaming.
- The organized resale of GhoFi SIM cards.
Pursuant to the European Union Roaming Regulation, if improper, abusive, or fraudulent use is detected, a surcharge may be applied to traffic used while roaming in Zone 1 or the EU Zone, or other actions may be taken as applicable in the event of any of the circumstances described in the following paragraph, applying the control mechanisms based on the objective indicators described.
APPLICABLE CONTROL MECHANISMS
Proof of Residence in Spain:
GhoFi reserves the right to request proof from its roaming customers that demonstrates their habitual residence in Spain or other stable ties that imply a frequent and substantial presence in the country.
Open Data Packages and Prepaid Rates:
GhoFi reserves the right to apply, after prior notification, the applicable surcharge (which may not exceed the current wholesale price) for data roaming within Zone 1 or the EU Zone that exceeds the data volumes that can be consumed while roaming in accordance with the limit established in the European Union Roaming Regulation (EU Implementing Regulation 2016/2286). This limit will correspond to at least twice the data volume obtained by dividing the price of the contracted rate (excluding VAT) by the wholesale roaming price (€4.50/GB for 2019) as established in EU Implementing Regulation 2016/2286.
Presence and/or Consumption Indicator:
GhoFi will use fair, reasonable, and proportionate mechanisms based on objective indicators to determine whether customers' roaming usage within the EU and EEA predominates over their domestic usage.
These presence and consumption indicators will be analyzed cumulatively over 4-month observation periods. If GhoFi detects a customer's presence and predominant use of one or more services (voice, SMS, or data) in Zone 1 or the EU Zone compared to their domestic usage, GhoFi may notify the customer that their roaming usage is considered abusive.
This notification will allow GhoFi to apply the indicated surcharge from that point forward if, for the next 14 days, the customer's behavior continues to indicate a predominant presence and consumption in Zone 1 or the EU Zone. GhoFi may continue to apply the indicated surcharge to the service where abusive use is detected, provided that the customer's behavior indicates prevalent presence and consumption. For the purposes of applying the aforementioned objective indicators:
- In the presence indicator, all days on which the customer has connected to the national network, as well as days on which the customer has connected to a network outside the EU/EEA, will be counted as national presence days. Days on which the device is switched off will be considered disconnected days and will not be included in this indicator. Prevalent presence will be defined as spending more than 50% of days roaming within the EU and EEA.
- In the consumption indicator, prevalent consumption will be defined as more than 50% of the actual voice, SMS, or data traffic used by the customer while roaming within the EU and EEA.
Periods of Inactivity:
Prolonged periods of inactivity for a given SIM card combined with primary, if not exclusive, use of the service while roaming, or the sequential activation and use of multiple SIM cards by the same customer while roaming, will be considered abusive or abnormal use of roaming services.
Resale of SIM Cards:
The resale of SIM cards to individuals who do not actually reside in Spain or have stable ties to Spain is strictly prohibited. This is done to enable the use of GhoFi roaming services at the national rate for purposes other than regular travel. In such cases, GhoFi may immediately take proportionate measures to ensure compliance with all contract terms.
COMPLAINTS REGARDING THE APPLICATION OF THE FAIR USE POLICY
Without prejudice to any other legal actions available, complaints regarding the operation of the Fair Use Policy or any other issue that may arise in connection with its application may be addressed to GhoFi, through its Customer Service Department, as indicated in the General Terms of Service, within one month from the date on which the fact or cause motivating the complaint becomes known, without prejudice to those cases in which current regulations establish other time limits for this purpose.