Wimax General Conditions

 

ARCETEL, S.L. with CIF: B-93230258 (onwards ARCETEL)has a service based on the installation and use of 5Ghz wireless access equipment legislated in the national territory as free of operator’s license. ARCETEL provide the customer with internet access service and other derivative offers based on this technology and under the current legislative conditions. Any change in legislation or current radio wave conditions may involve changes in customer service by ARCETEL.

ARCETEL will observes the due diligence of any operators of communications services to the public in the provision of high quality service.
ARCETEL should correct any fail or breakdown in the service as soon as reasonable and technically possible.

2. OBLIGATIONS AND COMMITMENTS FRON CLIENT WITH ARCETEL

The customer must ensure:

a. The telecommunications equipment* used by the customer, if it hasn’t been installed by ARCETEL, must works properly, with all applicable standars and be provided with the corresponding certificate of acceptance. This situation will be verified by the fact that ARCETEL can access the services without causing any damage to the ARCETEL network.

b. All the material used by ARCETEL, for the provision of the contracted service, not paid by the customer, remains in deposit for the exclusive use of ARCETEL, responding the client of any damage that could suffer the equipment such as the ARCETEL networks due to it’s misuse and authorizes ARCETEL it’s withdraw in case of service interruption.

c. Not use the services for illegal purposes or in an offensive way, nor allow other to do so, nor send or receive files that could saturate the server through their email accounts.

d. Payment of all amounts established in the invoices sent by ARCETEL, that correspond to the services used by the client. However, the client has the right to claim the amount of the invoices sent by ARCETEL in case of error within a period no longer than 5 days after receipt.

e. The reasonable assistance to ARCETEL to allow it to provide the services.

f. The access by authorized ARCETEL personnel to all locals and equipment, in the mutually agreed terms, as well as in cases of emergency or termination of this contract, to allow the removal, installation or maintenance of ARCETEL's equipment, if had been installed.

g. Compensation to ARCETEL for all losses, expenses, liabilities, and costs that ARCETEL may incur as a consequence of the breach by the client of any of the obligations contained in this contract, as long as the client's responsibility in the breach of any of the obligations of the contract is previously accredited.

a. The client will pay ARCETEL the price of the service as the result of the application of the current rates, which will be delivered at the signing of the contract without prejudice to the review provided for in the following paragraph.

b. ARCETEL can review the prices of the service communicating it to the client by any means or by publishing it on the ARCETEL website at least 15 days prior to its entry into force. This modification will be understood as accepted by the client, if the opposite is not communicated by writing to ARCETEL within the fifteen days after the date that the price change was communicated, in which case the automatic terminantion of the contract will take place.

c. ARCETEL will invoice the client for the registration and installation of the service and the proportional part of the current month in which its installation is carried out. The rest of the services will be billed monthly to the client from the activation of each service. The amount of the equipment sold will be included in the first invoice drawn for the Internet access service. The invoices will include the price of the services, the installation costs and the corresponding indirect taxes.

d. Monthly installments will be billed for months in advance.

e. Amount included in the bill must be paid on the date of the invoice by direct debit to the account designated in the contract by the client. ARCETEL will issue the invoice to the client by the means it deems appropriate: web, via email or on paper, among others

f. In case of return by the client of the invoice of the contracted services, must be payed 6€ for return costs. Likewise, we inform you that in case of return by your bank, the data related to non-payment, both by you and by the rest of the signatories of the contract, may be communicated to the ASNEF file, regulated by article 29.2 of Organic LAW 15/1999 from 13^th December of Protection of Personal Data.

 

a. In cases of failure, unavailability or interruption of all or part of the services, ARCETEL will use the appropriate means for its restoration.

b. ARCETEL will not be responsible for failures attributable to the connection of telecommunications terminal equipment owned by the client that entail the inability to provide the service.

d. In case of service interruption, ARCETEL is responsible for the return of the amounts collected during the period in which the services were poorly provided after 24 hours without service with a maximum of the current service fee. In this sense, as well as for the case of operation of the service, price, billing, liability for damages or any other issue that may arise in relation to the contracted services, the client must do a reclaim to ARCETEL during the appreciation of anomalies in the service. ARCETEL must provide a solution to the problem raised within a maximum period of one month after the client's communication.  After that period without having contacted ARCETEL with the client, this one can do the timely in view of the Consumer Arbitration Boards or the General Secretariat of Communications.

e. In case of service failure, ARCETEL will not be responsible for the additional costs incurred by the client if decides to direct the traffic through another operator.

a. This contract will enter into force once signed by both parts and with an indefinite duration, unless any of the parts notify the other in writing its decision to resolve it, with a minimum notice of fifteen days. If there is a special condition of permanence signed by the client, this one, will be obligated to pay a penalty for breach of the minimum permanence to settle all debt with ARCETEL.

b. ARCETEL can suspends services, without prior notice to the subscriber in advance, if he totally or partially fails his payment obligation for a period of more than one month. ARCETEL will proceed to restore the service the day after having proof of payment with a reactivation cost of 15€.
If the delay in payment was for a period of more than three months, or the service had been suspended twice for non-payment, ARCETEL may definitively interrupt the service and terminate the contract. In any case and without prejudice of the above, the client has the right to disconnect the additional rate services, as long as this service is being provided and billed by ARCETEL, as well as the disconnection of the international call service, notifying the company 15 business days in advance. 

c. In case of termination or suspension of this contract, the client must pay ARCETEL all amounts accrued and due to the use of their services, without any right to withhold any of the amounts, unless the case of credit compensation occurs.

d. The maximum term for the initial connection will be 15 days from the receipt by ARCETEL of the contract signed by the client. In case that ARCETEL exceeds the established deadline, it must notify the client and justify the causes of the delay.

a. The client may not assign this contract or any of its parts without express written authorization from ARCETEL.

b. ARCETEL can assign, in whole or in part, this contract to any third part. In this regard, in view of the possibility of cession, total or partial of this contract, the client expressly consents that his personal data are transferred to the third part.

a. These general conditions must be adapted in any case and at the time to the technical regulations and service provision. As provided by these and ever that they are not in contradiction with them, these general conditions will govern.

b. Possible disputes that may arise will be resolved in the field of the Consumer Arbitration Boards corresponding to the place of provision of the service. In default of the procedure stated above any part can go to the General Secretariat of Communications to be resolved.

c. However the above, if any of the parts decides to settle the controversies derived from this contract directly in view of the Courts and Tribunals, it must be done at the Courts or Tribunals of the place of the client's address or, failing that, at the place of provision of services. All this without prejudice to the provisions of the applicable regulations in this regard.

a. The client's address will be considered that indicated by the client for sending their invoices and notifications. In case of change, ARCETEL or the client must communicate this by writing.

b. Any notification related to this contract must be made by writing.

c. All the communications that the client must do as a result of this contract must be directed to the address, telephone or email of our Customer Service: POST OFFICE BOX Nº 222, P.C. 03201, Elche, Alicante, Customer Service phone 902092305, email info@fone.es

PARTICULAR CONDITIONS

Internet access services have a quality of service parameter which the speed of access, refers to the maximum achievable transport speed. The minimum guaranteed flow will be 50% of the maximum contracted. It can always depend on different factors of the network that ARCETEL willingly try to respect it in each client. ARCETEL may invoice a supplement based on the capacity used by the client that exceeds the contracted limit, reserving the right to change the free nature of supplementary services that have such consideration at the signing of the contract.The maximum transfer of each commercial package it will be published on the web and / or in the commercial documentation duly authorized by ARCETEL.

 

If the client does not return the rented equipment in the established period, or if there’re deteriorated, ARCETEL can charge you the amount of 150€ plus the corresponding taxes. Also will have the right to remove the equipment from its home charging the customer the withdrawal costs of 60€ per uninstallation. ARCETEL reserves the right to charge permanence to clients who have signed it, inasmuch as the prices of this contract constitute a PROMOTIONAL OFFER (registration, installation, promotional fee,etc.) of ARCETEL, if the client terminates the contract before the minimum stay established on the face of the contract.

The penalty for permanence will be governed as follows:If the unsubscribe is between the month of registration and the sixth month, penalty of 150€, from the seventh month to the twelfth 100 €, from the thirteenth month to the nineteenth 75€, from the twentieth month onwards the penalty would be 50€.

For the provision of this service, it’s essential that the installation has an electrical power supply at all times. Therefore, if there is a loss of service due to power failure, it will be considered a fortuitous event or force majeure for which ARCETEL will be exempted from all responsibility, so much for the impossibility of offering the service as for the impossibility of connection with any number of the public network including emergency and special ones.Flat rates for national and European calls have a maximum of 1.000 minutes per line in case of exceeding them, it will be billed at standard rates.
ARCETEL will adopt the necessary measures to guarantee the secrecy of communications on its network in accordance with article 33 of Law 32/2003 of 3^rd of November, General of Telecommunications, and will not have any responsibility for actions or omissions that violate the secrecy of communications and are not attributable to ARCETEL.

 

In accordance with the provisions of Organic Law 15/1999 of 13^th of December, of Protection of Personal Data and RO 1720/07, the client be informed, expressly, of the incorporation of the data that you provide to ARCETEL to the automated files created and developed under the responsibility of ARCETEL, which are duly registered with the Spanish Agency for Data Protection. To request registration for the services provided by ARCETEL the client must provide data about their name, surname, Tax Identification Number, address, email, phone numbers to register and bank details. The information about the email is optional for the customer. The client expressly accepts, that ARCETEL or its subsidiaries or investee companies, use your data, including email, either directly or through a service company, to promote your own telecommunications services or for the promotion of other products and services that ARCETEL considers beneficial for its clients.
The client, by virtue of articles 13 and following of the cited law, will have the right to information, access, rectification and cancellation of data. In addition, in order to be able to measure the level of quality of customer service by ARCETEL, as well as the authenticity of the person who hires the service, the client expressly consents that, on certain occasions, ARCETEL may make recordings of the conversations between the client and the operator who attends it. Once it've served for its end, this recording will be erased and / or destroyed. You can, at any time, exercise the A.R.C.O rights by sending a duly signed letter to the following address P.O. Box nº 222 P.C 03201, Elche, Alicante.