Terms & Conditions

“GENERAL TERMS AND CONDITIONS OF MOBILE TELEPHONY SERVICES IN PREPAID AND CONTRACT MODALITIES OF YUPTEL TELECOM SPAIN, SL”

1. OBJECT

Yuptel Telecom Spain S.L. (hereinafter “Yuptel”), with its registered office at AV. Meridiana 27-29, 08018 Barcelona, Spain, with CIF 67263541, will provide the Customer with the mobile telephony service available to the public in prepaid and contract modalities (“the Service”). The reading of these General Terms and Conditions (hereinafter, “GTC”) is a necessary and prior condition to the use of the SIM card by inserting it into your Terminal. These GTC govern the relationship between the user (hereinafter, “the User”) and Yuptel. The GTC also allows you to be aware of the characteristics of the mobile telephony service provided by Yuptel, including additional services such as voicemail, SMS messaging, data/internet, as well as any other electronic communications and value-added services that Yuptel provides directly or indirectly.

You may also consult on our website www.yuptel.com all updated information related to the provision of the Service.

USE:

The activation of the SIM Card (hereinafter, “the Card”) under the terms set forth in this clause implies the acceptance of the provisions included in these GTC published on our Website, which have also been provided at the time of purchase of your SIM Card.

The Service is provided to the Customer as the end user or recipient of the Service, and the resale or commercialization of the Service, as well as the assignment of this Contract, is strictly prohibited.
The Service is only available to individuals over 18 years of age and duly constituted companies.

2. CHARACTERISTICS AND INITIAL CONNECTION PERIOD OF THE SERVICE

The Service will consist of the possibility, through a mobile terminal, to make and receive telephone calls, send and receive messages, enjoy a series of supplementary facilities, as well as access to content and value-added services provided directly by Yuptel or by third parties, in accordance with the modality contracted by the Customer, available at www.yuptel.com and as established in this Contract.

Activation

The activation of the service will be carried out with a first call to a non-toll-free number.

Associated with the card, you have several codes:

PIN: A 4-digit number that allows you to identify yourself and access the telephone network. It can be changed to another that is easier to remember.
PUK: An 8-digit number that will be used when you need to unlock your card. If you make 10 mistakes, your card will be permanently blocked.
ICCID: A 20-digit number that identifies your card.

If your card is permanently blocked, lost, or does not work correctly, contact the Customer Service Center at 687 687 687, having the 3 codes (PIN, PUK, and ICCID) on hand to resolve the issue.

If you have lost or had your card stolen, contact the Customer Service Center immediately to block the balance/line. Yuptel cannot be responsible for the use and consumption of the card until you have called us.

The Customer will be provided with instructions for using the Service, as well as a SIM card and secret security codes associated with it, which the Customer must enter into their telephone terminal to use the Service. The SIM card will remain the property of Yuptel. Yuptel may replace or modify the SIM card for technical or operational reasons or to improve the provision of the Service, in which case, the Customer must return the SIM card to Yuptel upon request. Yuptel reserves the right to limit the maximum number of SIM cards and lines that support the Service for a single holder or to limit the number of lines associated with a specific rate. The SIM card may not be used outside of mobile devices without the express and prior authorization of Yuptel. Unless proven otherwise, all communications made through the SIM card will be considered as made by the Customer or by a third party with the Customer’s consent, unless the Customer complies with the provisions of article 2.3.
In the event of theft or loss of the Customer’s telephone terminal in which the SIM card is inserted or its associated security codes, or when the Customer is aware or has indications of unauthorized use of the same, the Customer must immediately notify Yuptel by calling the Customer Service at 2240 from a Yuptel number, at 687 687 687 from another number, or at +34 687 687 687 from abroad (roaming call cost), from the website www.yuptel.com, and may request the blocking of their account and the temporary deactivation of the Service. Yuptel will proceed to deactivate the Service within a maximum period of 48 hours. Yuptel will provide the Customer, upon request, a new SIM card and/or new security codes, with the costs of such replacement being borne by the Customer.

In the event that the user requests a replacement SIM due to loss, damage, theft, or misuse of the SIM Card, the user must prove their identity by showing their ID, NIE, or Passport to Yuptel, demonstrating that they are the holder of the Card. The replacement of the SIM Card will have a cost of €5 (VAT included).

In exceptional cases where it is necessary for technical, operational, or service reasons, or in the event that the service is permanently interrupted, you must return the SIM Card to Yuptel if requested and at your expense. Yuptel will be responsible for SIM Cards that are defective or unsuitable for use, under the terms established by law, replacing them and, where applicable, reimbursing the recharge amount

associated with the defective Card. In order for Yuptel to comply with the aforementioned obligations, you must present yourself at any authorized Yuptel sales point (see Yuptel Points on our website) and prove your identity by providing the personal data requested at the time of purchasing the SIM card.

In application of the obligations imposed on Yuptel as a telecommunications operator in accordance with Law 25/2007, on the conservation of data related to electronic communications and public communications networks, Yuptel reserves the right to cancel this contract, block the SIM Card, or suspend the service at any time if it is verified that the identification data provided by the user is false, incorrect, or incomplete.

(Prepaid modality). The Service will be available once the Customer has proven their identity by presenting an identification document and has received or purchased the SIM card.
(Contract modality). The Service will be available after the technical activation of the Service, which will take place within a maximum period of 10 days from the formalization of the Contract, after the corresponding financial and fraud control checks, once the Customer has provided all the necessary data included in the application form and proven their identity by presenting an identification document and has received or purchased the SIM card.
(Prepaid and contract modality). The service may be requested by the customer through the right to retain the mobile number that they have been using with their previous operator through the number portability procedure, which Yuptel implements in accordance with the procedures defined and regulated by the CNMC. The following section describes the conditions of the activation process through the portability mechanism.

CONDITIONS OF THE PORTABILITY PROCESS

By requesting portability to Yuptel, the customer accepts, on their behalf or through the person authorized to do so, by virtue of their position or valid power, the conditions of the portability process that are set out below.

The Applicant consents to the processing of their personal data for the purpose of carrying out the necessary actions related to the requested portability, as well as for billing and promotion of the services marketed by YUPTEL, and in accordance with these GTC. The data provided will be included in an automated file of YUPTEL, which has the necessary security measures for its due confidentiality.

The Applicant may exercise their rights of access, rectification, cancellation, and opposition in accordance with the Law by sending a written request to YUPTEL.

By requesting portability, the Applicant:

Communicates to YUPTEL their intention to unsubscribe from the telephone service that the Donor Operator has been providing to them, as well as their desire to retain their number, with the registration of this document serving as a request to unsubscribe from said service. For this purpose, they request YUPTEL to process the request to unsubscribe from the mobile telephone service that the Donor Operator has been providing to them, as well as the retention of their number, in order to use this number in the mobile telephone service provided by YUPTEL.

Requests that the date on which their portability request is processed be the one indicated as the “desired porting date,” for which YUPTEL will make its best efforts, without prejudice to technical or other impediments beyond its control that may require the modification of this date. The Applicant expressly accepts that such procedures will be carried out by YUPTEL within the deadlines, terms, and conditions applicable to the number portability procedure provided for in the Resolutions of the National Commission on Markets and Competition (CNMC), and of which they receive information at that time.
Expressly accepts that, due to the technical procedures necessary for the retention of the number, the provision of the service they were enjoying may be temporarily interrupted before the start of the provision of the service by YUPTEL.
Acknowledges that the Number Portability Request may be denied due to technical impossibility or any other reasons recognized in the CNMC Resolution, which, by way of example but not limitation, are:
In the case of prepaid subscribers, lack of correspondence between MICC_ID numbering or SIM Serial Number.
Numbering for which a portability process is already in progress.
Numbering not assigned or ported from the Donor Operator.
Numbering in a deactivated state.
Justified causes of force majeure.
Report to the Donor Operator for theft or loss.
Temporary suspension or interruption of the service.
NRN not open in interconnection.
Service interruption.
The Receiving Operator reserves the right to suspend the service if, within 1 year from the start of the provision of this service, events of delinquency and/or fraud in other operators caused by the customer with the ported number are detected.‍
Authorizes that the personal data necessary for the retention of their numbers, both those included in the request and those known by the Donor Operator with whom they have contracted the service, may be transferred to the operators involved in the portability process in order to comply with their request, as well as to use them by YUPTEL for the purpose of carrying out information, training, and marketing activities of the service and related activities, without prejudice to the application of the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data and the General Data Protection Regulation (GDPR) of April 27, 2016. The data provided and those of which YUPTEL becomes aware through the transfer between operators will be included in an automated file of YUPTEL, which has the necessary security measures for its due confidentiality.
Likewise, the Applicant expressly consents to the transfer of the personal data contained in the automated file to the companies with which YUPTEL has a shareholding or participation relationship, and to third parties linked to the distribution channels that, where applicable, collaborate with YUPTEL in the contracting of the service, in order to keep them informed of products, services, and commercial offers that may be of interest to them.

3. RIGHT OF DISCONNECTION

The Premium SMS service is deactivated by default. Likewise, the high-cost call service (80X6, 80X7, 80X8, and 80X9) will be deactivated by default at the time of contracting. The Customer may request Yuptel to disconnect international calls, roaming, and calls to higher-rate services, especially to additional tariff services. To do so, they must contact Yuptel's Customer Service at AV. Meridiana 27-29, 08018 Barcelona, or by calling 2240 from a Yuptel number, or 687 687 687 from another number (+34 687 687 687 from abroad (roaming call cost)), communicating their desire to disconnect from the services in question. Yuptel will proceed with the disconnection within the period set by current legislation (5 business days).

4. PRICES, RATES, BILLING, AND PAYMENT

The Customer must pay the prices corresponding to the Service provided according to the rate and modality chosen, as well as in accordance with any other particular conditions, offers, or promotions in force at the time of using the Service and previously communicated to the Customer, either by being published on the Yuptel.com website or by having been personally informed at the time of subscription of the Contract, or in another manner, including any applicable indirect taxes.

Any modification of the rates will be communicated to the Customer by any means that Yuptel deems appropriate so that the Customer is aware of such modification and the new rates. The Customer will have access to these rates at all times on our Website.

In the event that Yuptel launches promotional actions that involve discounts, savings, or balances, these will be governed by the provisions for each of them, including any rules on application to consumption or the Service in general.

Data connections. To the extent that it deems necessary or convenient to guarantee the quality of the service for the generality of its customers and always in accordance

with the provisions of the law at any given time, Yuptel reserves the right to prioritize traffic without the need for prior communication to the Customer; likewise, Yuptel reserves the right to restrict data connections over VoIP, or to limit them for certain rates, in which case it will communicate this to the Customer in advance.

Rate changes. The Customer may make up to 1 rate change free of charge; subsequent changes will incur a charge of €5 to the Customer.

Roaming Service. The Customer must pay the amounts for calls made, received, and forwarded; SMS sent, and data connections made abroad according to the charges or prices of the Roaming service applicable at any given time, as they appear on the website www.yuptel.com.

Services subject to special or additional charges / international communications. The Customer must pay the amounts for calls to special or additional charge services, or to international destinations, according to the prices applicable at any given time, which are informed by the content provider at the time of subscription to an additional charge service.

Late payment.

The delay in payment, total or partial, by the Customer of the amounts due for the contracted Services may result in the restriction of outgoing calls and/or the suspension of the provision of those Services from the moment Yuptel becomes aware of such circumstance, with prior notice via SMS with forty-eight (48) hours in advance, except for the Fixed Service, whose suspension will be carried out when the delay in payment, total or partial, by the Customer exceeds one (1) month from the presentation of the corresponding invoice, with fifteen (15) days' notice.

When Yuptel becomes aware that a Customer has paid the debt, it will restore the Service within one (1) business day from such awareness. The Customer will pay Yuptel the amount of two euros (€2) for the restoration of the Service.

The suspension of the Service does not exempt the Customer from the obligation to continue paying the amounts, independent of the traffic that may accrue and that correspond to the contracted Service.

Prepaid Modality

The Customer will have an account associated with their subscriber number in which their available balance will be recorded at any time for the use of the Service (the “Account”). To check the available balance in their Account, the Customer can dial (free query), 2240 from a Yuptel number, or call 687 687 687, or +34 687 687 687 from abroad (roaming call cost).
To make calls, send messages, or any other use of the Service that involves the generation of voice or data traffic at the Customer's initiative, it will be an essential requirement that the Customer has in their Account the balance that, according to the applicable rates, is necessary to process the requested traffic. However, the absence of balance in the Account will in no case prevent the making of calls to the emergency number 112 or, except for the cases provided in article 7, the receipt of messages and calls that do not imply any charge for the Customer.

The updated rates for national calls to landlines and mobiles, as well as the rates for international calls, SMS, and other Services that you can access with your SIM Card, will be available for consultation at all times on our website or by calling our User Service at no cost by dialing 2240 from your Yuptel mobile.

Any modification of the rates will be communicated to you through our Website, SMS, or by any other means that Yuptel enables to allow you to be aware of the modification and the new rates and with at least 30 days' notice before their application.

Yuptel may apply offers, economic promotions, and/or discounts on the aforementioned rates applicable to the Services. Any concession, offer, economic promotion, and/or discount by Yuptel on the price of the Service is limited to the circumstances and with the specific conditions for which they were granted and in no case constitutes a precedent in favor of the Customer.

The Customer is obliged to pay the indirect taxes, fees, and fiscal charges that legally correspond.

The Customer may recharge their Account balance at authorized sales points. Yuptel is not responsible for errors made by the Customer when entering data in the recharge channel.
The amount of each recharge made by the Customer will be a minimum of five

(5) euros and a maximum of one hundred and fifty (150) euros (including taxes) for recharges at authorized sales points.

The Customer will pay for the Service prior to consumption, by recharging their prepaid Account. As the Customer uses the Service, the charges incurred, according to the applicable rates, will be automatically deducted from their available balance.
The available balance in the Account will never be less than zero (0) euros. Consequently, when the Customer has started a call and their available balance is exhausted during its course, the immediate termination of that call or data transmission will occur. Likewise, when the Customer attempts to initiate a call from their telephone terminal and does not have sufficient balance to do so, according to the applicable rates, it will not be possible to process the requested traffic. The Customer will also not be able to receive calls in international roaming.
The Customer may know the charges incurred during the last 30 days prior to the date of their request by calling Yuptel's Customer Service.

4.8. In the event that the Customer is granted discounts on the invoice or rates that involve time or time slots at no cost to the Customer, flat rates, or a maximum billing limit for time or volume of telephone traffic, these will be incompatible with any system that implies the concentration, transformation, or conversion of calls or traffic, such as (as a non-limiting example, Sim-boxing practices), Yuptel reserving, in such case, either the possibility of terminating the Contract, or billing the Customer for the traffic actually processed and/or without application of such limitations or discounts.

Yuptel reserves the right, in the event of establishing flat rates or a maximum billing limit for time or volume of telephone traffic, to apply to them an increase equivalent to the annual increase in the Consumer Price Index (CPI) published by the National Statistics Institute or an official body that replaces it.

Contract Modality

Invoice. On a monthly basis, and depending on the applicable billing cycle, Yuptel will make available to the Customer the corresponding descriptive invoice for the Services used by them during the applicable billing period. The Customer expressly accepts the issuance of electronic invoices, which will be available to them through www.yuptel.com for all lines contracted with Yuptel. The Customer may opt for a paper invoice at any time during the term of the Contract, by requesting it from Yuptel's customer service department, by calling free of charge from their Yuptel mobile line to 2240, or from any telephone line to 687 687 687.
The Customer acknowledges that the deadline for sending the collection order for the monthly invoice to the Customer's credit institution may vary. Breakdown. The invoices will duly differentiate the concepts that are charged for the Services provided, breaking down the amounts to be paid, as well as the taxes that in each case are legally applicable, and they will indicate the due date of the same. However, the invoices will not show the detail of calls to short numbers with geolocation, unless they involve a charge for the Customer.
Payment. Payments will be made, by default, by bank direct debit to the account communicated by the customer at the time of contracting the service.

The Customer is informed that billing for Roaming Services will occur from the moment the foreign operator communicates to Yuptel the amount corresponding to such consumption.

Direct debit authorization and debits. The Customer guarantees that they are the holder of the bank account whose details they have provided to Yuptel. Likewise, the Customer, as a debtor of Yuptel based on the telecommunications service contracted here, hereby authorizes Yuptel, as a creditor, to send instructions to their bank to charge their bank account for the invoices for said services and to make the debits following Yuptel's instructions. As part of their rights, the Customer is entitled to a refund by their bank under the terms and conditions agreed with it. The refund request must be made within eight weeks following the date of the debit to the account. The Customer can obtain additional information about their rights from their financial institution.
Acceleration of collections. Yuptel may advance the billing and collection of the accrued amounts (a) when the Customer exceeds the established credit limit (if any);

(b) in the event of suspension or interruption of the Service or contractual termination; (c) if the Customer breaches the obligations of this Contract; and/or (d) in cases of fraud, once verified by Yuptel.

The Customer must pay Yuptel the amounts for calls made and received abroad according to the charges or prices that have been established for the use of the network of foreign operators, not charged on the Yuptel network and passed on to the Customer on the invoice, in accordance with the specific conditions corresponding to the international call coverage service (roaming), provided to the Customer, and whose information is available through the Customer Service and at www.yuptel.com. Billing for these items will occur from the moment the foreign operator communicates to Yuptel the amount corresponding to such calls or diversions.

4.18 Non-payment. Invoices not paid on their due date will accrue a charge for the management of the delay in payment, which will amount to 5 euros for each unpaid invoice, except for the first, without prejudice to other consequences that may arise, such as the inclusion of their data in solvency and credit files. For the collection of the amounts owed, Yuptel may execute the deposits, guarantees, or other guarantees established.

COMMITMENTS OF PERMANENCE

FOR THE ACQUISITION OF THE MOBILE TERMINAL AT A PROMOTIONAL PRICE AND/OR SUBSCRIPTION OF RATES AND/OR BONUSES WITH ASSOCIATED PROMOTIONS.

The customer requests the promotional price for the acquisition of the mobile terminal(s) that is/are delivered to them at the time of signing the contract or its annexes and/or the rate and/or bonus with an associated promotion.
The terminals and/or rates and/or bonuses acquired by the customer at promotional prices are intended exclusively for the telephone service contracted with YUPTEL.
The acquisition by the Customer of a terminal and/or rate and/or bonus at a promotional price implies that they commit, by virtue of the contract signed with Yuptel (Yuptel Service Contract), to remain registered in the service for 18 or 24 months following the activation of the same. The time of suspension of the Service will be excluded from the computation of these periods. If the Customer requests the termination of the contract entered into with Yuptel before completing the permanence period, the Customer is obliged to pay the following amounts to YUPTEL as a penalty:

For contracts with a 12-month permanence: If the Customer has completed less than 6 months of permanence, they must pay the amount of €120. If the Customer has completed between 6 and 12 months of permanence, they must pay the amount of €60. Indirect taxes not included.‍
For contracts with an 18-month permanence: If the Customer has completed less than 6 months of permanence, they must pay the amount of €150. If the Customer has completed between 6 and 12 months of permanence, they must pay the amount of €120. If the Customer has completed more than 12 months of permanence, they must pay the amount of €70. Indirect taxes not included.‍
For contracts with a 24-month permanence: If the Customer has completed less than 6 months of permanence, they must pay the amount of €400. If the Customer has completed between 6 and 12 months of permanence, they must pay the amount of €250. If the Customer has completed between 12 and 18 months of permanence, they must pay the amount of €150. If the Customer has completed more than 18 months of permanence, they must pay the amount of €100. Indirect taxes not included.
In any of the aforementioned cases, the charge of said amounts will accrue, due to causes attributable to the Customer, which will be made, together with the pending amounts corresponding to the telephone service and the fees, in the corresponding invoice.
The commitment acquired by the Customer will subsist, regardless of whether the Customer suffers loss, damage, or theft, transfers, encumbers, or assigns, disposes in any way, or harms the terminal(s) that they have received personally, as long as 18 or 24 months have not elapsed since the registration in the Service, or as long as the Customer has not satisfied the aforementioned amounts.

5. QUALITY AND MAINTENANCE OF THE SERVICE

Yuptel will provide the Service in accordance with the quality levels, parameters, and methods established in the current legislation and in this Contract. In any case, the Customer acknowledges that the coverage and quality of the Service may be altered by exceptional circumstances that prevent reaching the committed quality levels.
Yuptel will provide the Service exclusively in the coverage areas of the national territory where it is implemented at any given time and according to the information on the coverage of its network or that of a third-party operator to which Yuptel has leased it. The Customer may access information about Yuptel's coverage at www.yuptel.com. In any case, Yuptel will not be responsible for interruptions or malfunction of the Service caused by orographic and/or atmospheric conditions that prevent or make its provision impossible, nor for the contents of information that have not been prepared, known, or provided by it and that derive from supplementary services.
Yuptel will provide the Customer with a corrective maintenance service, so that, if breakdowns, interruptions, or malfunction of the Service occur due to causes not attributable to the Customer, Yuptel will repair the faults or breakdowns that have occurred as soon as possible.
If the Customer suffers temporary interruptions of the Service, Yuptel will compensate the Customer with an amount that will be the average of the amount billed for all interrupted services during the three (3) months prior to the interruption, prorated for the time that the interruption has lasted. In the case of an antiquity of less than three (3) months, the average amount in the complete monthly payments made or the one that would have been obtained in a monthly payment estimated proportionally to the period of effective consumption made will be considered.
Services provided in international roaming provided by third-party operators and not charged on the Yuptel network are expressly excluded from the right to compensation.
Yuptel will compensate the Customer in their prepaid account when the interruption of the Service implies the right to compensation for an amount greater than one (1) euro.
When the interruption is due to force majeure, Yuptel will compensate the Customer with the refund of the amount of the traffic-independent fees, prorated for the time that the interruption would have lasted. For these purposes, international call coverage services (roaming) provided abroad by operators other than Yuptel and not charged on its network are totally excluded.

5.8 The Customer, within the month following the date of restoration of the Service after the interruption, must direct their compensation request to Yuptel's Customer Service through any of the means indicated in this Contract. If compensation is due, Yuptel will proceed to pay it by crediting their prepaid account.

Additionally, Yuptel offers the Customer in relation to the quality of the service the individual commitment to compensate them in such a way that Yuptel will compensate the Customer from the moment an accumulated interruption of the service of eight (8) hours occurs in a period of one calendar month. Customers who wish to request compensation must direct their request, prior to their identification, indication of the mobile phone number, and accreditation of personal circumstances, within a maximum period of ten (10) days counted from the restoration of the service, it being essential to indicate the date(s) and place(s) in which they have been affected by the interruption and the incident number(s) assigned by Yuptel at the time of communicating it. For this purpose, the following calculation method and conditions are established: When the aforementioned committed interruption time has been effectively exceeded and, provided that the information provided by the Customer is not contradictory to that obtained from Yuptel's information systems, it will compensate the Customer with an amount equivalent to that resulting from a discount of fifty percent of the amount of the three following balance recharges with a limit of six euros, before indirect taxes or, in the case of a contract, Yuptel will compensate the Customer with an amount equivalent to that resulting from applying, before indirect taxes, a discount of ten percent of the amount of the mobile telephone traffic charged in the three following invoices.
There will be no right to compensation when the temporary interruption is motivated by any of the following causes: i) serious breach by the Customer of the contractual conditions; ii) for damages caused to the network due to the connection by the Customer of terminal equipment whose conformity has not been evaluated in accordance with the current regulations; or iii) breach of the code of conduct by a user who provides additional charge services, when the ownership of the subscription contract corresponds to the latter.

PRICING OF DATA SERVICES

All Yuptel customers have associated with their contract the basic data rate, which will be considered for billing their service.
Additionally and optionally, customers may contract data bundles or promotional rates.
In case of traveling abroad, Yuptel recommends its customers to consult the data rates in roaming.
Both the basic rate and the rest of the rates in force will be published at all times on www.yuptel.com and are available to the customer by calling 2240 from their Yuptel mobile phone or 687 687 687 from other operators.

6. TEMPORARY SUSPENSION OF THE SERVICE

Yuptel may suspend or permanently deactivate the Service to the Customer, both on the affected line and on others owned by the Customer, in cases of fraud, risk of fraud, illegal use of the Service, or breach of the Contract by the Customer.

Prepaid Modality

Likewise, Yuptel will be entitled to suspend the Service in the event that the Customer does not use the Service or does not recharge their SIM card for a continuous period of six (6) months. From the day of the recharge, the balance has a validity of 180 days, during which you can make and receive calls until you exhaust your balance. Each time a recharge is made, it will have a new validity of 180 days.

After 180 days without any recharge, the number will be permanently deactivated, and that number may be reused by Yuptel.

During the time that the suspension lasts and after four (4) months in the case of non-use or non-recharge, the Service will be maintained for incoming calls (unless the Customer is abroad or it is a collect call), the 2240 Customer Service, and outgoing emergency calls to the number 112.
For reasons of public security, Yuptel will be entitled to temporarily deactivate the Service in the event of non-receipt for any reason or defective receipt of the mandatory personal data requested at the time of purchase of the SIM card or in the event that they are manifestly false. In this case, Yuptel will inform the Customer that it will permanently deactivate the line if it does not receive the requested data and, through the means indicated in this communication, within five (5) days from this notification.

Contract Modality

Non-payment. In addition to the cases indicated in the previous section, Yuptel will be entitled to immediately suspend the Service (outgoing and/or incoming traffic) in the event of delay in the total or partial payment of any invoices by the Customer, maintaining said suspension until the Customer pays in full all amounts owed up to that date. Once Yuptel becomes aware that the amounts owed have been paid by the Customer, it will proceed to reactivate the Service within a maximum period of 48 hours.

Without prejudice to the foregoing, Yuptel reserves the right to permanently suspend the Service in the event that non-payment extends for a period of more than three (3) months, or in the event of repetition of the non-payment situation (i.e., if the customer is in arrears on two (2) or more occasions).

The Customer may pay the unpaid amount and the expenses by credit or debit card, by bank transfer, or by any other means offered by Yuptel and accepted by the Customer. Yuptel may immediately charge the unpaid amount and the expenses to the credit or debit cards that have been provided by the Customer for this purpose or to the necessary deposits, voluntary or other guarantees provided by the same. Likewise, Yuptel may assign in whole or in part the collection of unpaid invoices to collection entities and/or assign in whole or in part the credit to third parties.

Lack of Use. Likewise, Yuptel will be entitled, but not obliged, to permanently suspend the Service for lack of use for a continuous period of ten (10) months.
Billing. The temporary suspension of the Service for any reason will not imply a modification in the economic terms of the Contract, so Yuptel will continue to bill the Customer any applicable fee or minimum consumption according to the rate in force at that time.

7. DURATION AND TERMINATION

7.1.This Contract will have an indefinite duration.

The Contract will be terminated for the general causes of termination of contracts and, in particular, for the following:

By the will of the Customer, at any time by communicating it to Yuptel with two (2) business days' notice before the moment it is to take effect. The unilateral termination may be communicated through the following means and proving their identity: i) in writing to the following address AV. Meridiana 27-29, 08018 Barcelona, ii) by phone, to the number 2240 from a Yuptel number, to 687 687 687 from other numbers or to (+34) 687 687 687 from abroad (roaming call cost); iii) or through email info@yuptel.com.

By the will of the Customer in the event of a contractual breach by Yuptel, communicating it to Yuptel through any of the means mentioned in the previous paragraph.
By the will of the Customer if, having contracted by telephone or telematic means, within seven (7) days after the Customer has received the necessary elements for the provision of the Service, they communicate it to Yuptel by any form admitted by law. In this case, the Customer must return to Yuptel all the elements they have received.
Due to serious breach of the contractual obligations of the parties.
Due to illegal use of the Service or use contrary to good faith or the practices commonly accepted as correct use of mobile telephony services by the Customer.
Due to non-use of the Service by the Customer for a continuous period of 3 months, in accordance with article 7.
Due to the expiration of Yuptel's enabling title when this circumstance makes it impossible to provide the Service. In this case, the contractual termination will be automatic.
The termination of the Contract will not exempt the Customer from their obligations to Yuptel, including the obligation to pay.

Here is the translated and updated text with the new company details (Yuptel Telecom Spain, SL):

8. COMMUNICATIONS AND CLAIMS - REFUNDS

Yuptel will use the contact details provided by the Customer for service management, including the phone number and/or email address, as well as the installation and/or billing address of the service. If the Customer (i) does not provide such contact details; (ii) the provided details are invalid; or (iii) Yuptel does not have the details for any reason, the Customer authorizes Yuptel to use any of the lines contracted under their ownership as contact details. Likewise, Yuptel may use various messaging applications (such as WhatsApp) where the Customer is active to send communications related to the Services. The Customer may contact Yuptel through Customer Service at the number 687 687 687 for residential customers and 687 687 687 for business customers, within one month from becoming aware of the issue that motivates their claim. Additionally, the Customer may contact Yuptel through the Customer Area on Yuptel.com, via the Yuptel Community at www.yuptel.com, or by writing to the email address: info@yuptel.com. Yuptel will provide the Customer with a document certifying the submission and content of their incident or claim, as well as a reference number.

If a claim is filed by the Customer and is not resolved within one month or, if resolved, is not resolved satisfactorily, the Customer may submit their claim to the Autonomous Consumer Arbitration Boards to which Yuptel is affiliated under the official emblem 270 of the National Consumer Institute. If the claim exceeds the scope of the consumer arbitration system or if the Customer is an individual (including self-employed workers, freelancers, and micro-enterprises) and deems it appropriate, they may contact: (a) the State Secretariat for Telecommunications, Consultation Phone: 911 11 44 00; website: www.usuariosteleco.es within 3 months from Yuptel's response or the end of the aforementioned period without a response from Yuptel (the resolution and notification period is 6 months); or (b) if the Services were contracted through online platforms, the European Online Dispute Resolution Platform by accessing the following URL: https://ec.europa.eu/consumers/odr; or (c) the extrajudicial dispute resolution system of Confianza Online (www.confianzaonline.es) for disputes related to online contracting and advertising, and to Autocontrol (www.autocontrol.es/servicios/mediacion) for disputes related to personal data protection.

Refunds: No refunds will be issued for services already provided or fees paid. Customers will continue to have access to the contracted services until the end of the current billing period.

9. CONFIDENTIALITY OF COMMUNICATIONS

Yuptel will adopt the necessary technical and organizational measures in accordance with current legislation to ensure the confidentiality of communications. In any case, Yuptel will be exempt from any liability arising from the recording of telephone conversations, their use, or disclosure by the Customer or third parties, and in general, from any actions or omissions not attributable to Yuptel that constitute a breach of the confidentiality of electronic communications.

10. PERSONAL DATA PROTECTION

In compliance with Organic Law 15/1999, of December 13, on the Protection of Personal Data, Yuptel informs the Customer that the personal data provided at the time of contracting and those generated during the term of the Contract will be incorporated into an automated file, owned and managed by Yuptel, which has been duly notified to the Spanish Data Protection Agency.
The Customer is also informed that their personal data will be processed for the purpose of maintaining and managing the contractual relationship with Yuptel, providing the contracted telecommunications services, including geolocation services

if applicable, as well as for billing management. The data will only be communicated to entities linked to Yuptel's distribution channels or collaborating with Yuptel in the contracting, provision, and maintenance of the services, and only when such communication is necessary for the development of the contractual relationship with Yuptel.

The Customer consents, unless they check the box specifically provided for this purpose at the time of data collection, that their personal data may be processed for commercial purposes, specifically direct commercial communications about Yuptel's products, services, offers, and promotions via SMS, email, or any other equivalent electronic means, as well as telephone communications to the numbers provided during the contracting process and their Yuptel number.
Yuptel guarantees that the Customer's personal data will not be used for purposes other than those mentioned in this clause and that the processing will be carried out under strict confidentiality and in full compliance with the obligations and guarantees established by the LOPD and Royal Decree 1720/2007, of December 21, which approves the LOPD Development Regulation, or any other regulation that modifies or replaces it.
The Customer may exercise their rights of access, rectification, opposition, and cancellation at any time by writing to Yuptel, attaching a photocopy of their ID (both sides), to the Legal Department, ref. "Data" at the address AV. Meridiana 27-29, 08018 Barcelona, or by email to info@yuptel.com with the subject "GDPR Rights Yuptel," attaching a copy of their ID (both sides) or through any other means that allows proof of receipt and sending of the request, provided the Customer properly verifies their identity.
The Customer must provide the data requested during the contracting process. If the Customer does not agree to provide the mandatory data or their subsequent processing, they will not be able to access the Service, and therefore, they will not be able to contract the Service. In any case, the Customer must provide truthful and accurate personal data. During the purchase process, Yuptel may request additional or complementary data from the Customer to ensure and confirm their identity.
Yuptel may, if necessary, verify the Customer's solvency by accessing and consulting solvency and credit files managed by entities legally authorized to provide such services, as well as verify the accuracy of the data provided. For this purpose, the Customer consents to Yuptel requesting information related to their credit history from said entities for solvency analysis, risk assessments, and scoring processes. The Customer is informed and consents that, in case of non-payment of their obligations to Yuptel, their identifying data and the data related to the outstanding debt may be communicated, after a payment request, to debt collection companies and/or entities legally authorized to provide solvency and credit information services.
Yuptel, in compliance with Law 25/2007, of October 18, on the retention of data related to electronic communications and public communication networks, informs the Customer that their name, surname, ID, Passport, or NIE and nationality will be part of a Register Book for Yuptel prepaid customers. This data will be transferred to the State Security Forces and Corps when requested by them.

11. CUSTOMER SERVICE AND CLAIMS

A Customer Service Department is available to the Customer for inquiries, complaints, claims, or any incidents related to the provision of the Service.
The Customer must submit their claims within one (1) month from becoming aware of the issue that motivates them by calling 2240 from a Yuptel number, 687 687 687 from another number, or (+34) 687 687 687 from abroad (roaming charges apply), or in writing to the following address: Customer Service, AV. Meridiana 27-29, 08018 Barcelona, or by email to info@yuptel.com.‍
Once a claim is submitted, a reference number will be assigned and communicated to the Customer. If the claim is made by phone, the Customer may request a document certifying the submission and content of the claim through any means that allows such certification. This document will be sent by Yuptel within ten (10) days from the request.
When the claim is resolved, Yuptel will inform the Customer of the solution adopted through the same means used by the Customer to submit the claim.
If the Customer does not receive a satisfactory response from Yuptel within one(1) month, they may contact the Consumer Arbitration Boards or the State Secretariat for Telecommunications and Information Society in accordance with current regulations.

12. CONTRACTUAL MODIFICATIONS

Yuptel may modify this Contract by notifying the Customer at least one (1) month before the changes take effect. If the Customer does not accept the new conditions and notifies Yuptel, they may terminate the Contract early without penalty. If, after one (1) month from Yuptel's notification, the Customer has not expressly expressed their disagreement or continues to use the Service after the changes take effect, it will be understood that they accept the proposed modifications. The communication to the Customer may be made, among other means, by SMS or notification in their customer area on www.yuptel.com, indicating the effective date of the proposed modification.
The Customer must notify Yuptel of any changes to the data provided during the contracting process from the moment they occur.
The updated version of the "General Contracting Conditions (GCC)" can be consulted at the commercial offices and on www.yuptel.com. The declaration of any of these "General Contracting Conditions (GCC)" as null, invalid, or ineffective will not affect the validity or effectiveness of the other conditions, which will remain binding on the parties. The lack of exercise by Yuptel of any action, right, or provision contemplated in these "General Contracting Conditions (GCC)" will not constitute a waiver, except for written and express recognition by Yuptel.

13. APPLICABLE LAW AND JURISDICTION

These General Contracting Conditions (GCC) will be governed by Spanish law.
In case of conflict in the application or interpretation of this Contract, the parties submit to the Courts and Tribunals that are competent at any time. Likewise, as an entity adhered to Confianza Online and under its Ethical Code, in case of disputes related to online contracting and advertising, data protection, protection of minors, and accessibility, the Customer may resort to the extrajudicial dispute resolution system of Confianza Online (confianzaonline.es) embodied in the National Consumer Arbitration Board and the Advertising Jury.

September 2018. Yuptel Telecom Spain S.L., a commercial company established indefinitely in a deed authorized on September 04, 2018, before the Notary of Barcelona, M.A. Rodriguez Barroso, with its current name; registered in the Mercantile Registry of Barcelona, Spain, Volume 46.551, Folio 18, Section 8, Sheet No. 523519, First Registration, with registered office at AV. Meridiana 27-29, 08018 Barcelona, and provided with CIF B67263541.

Yuptel is a registered trademark of Yuptel Telecom Spain S.L.