GENERAL CONTRACT CONDITIONS FOR
THE YACOM FLAT RATE ACCESS SERVICE
Any of the following actions performed by the CUSTOMER
will mean its express acceptance of these General
Conditions: activation of the "Accept· button
in the electronic contract process and/or payment
of any of the charges for the YA.COM Flat Rate Access Service.
The CUSTOMER may enter into a contract under any
of the types of the YA.COM Flat Rate Access Service,
solely and exclusively within the framework of the
different packages or commercial offers (hereinafter
the "Commercial Offers") that YA.COM may
make available to the CUSTOMER at any time through
the URL http://acceso.ya.com (hereinafter,
the "Access Page").
The CUSTOMER shall be understood as all individuals
or legal entities that use or request the YA.COM Flat Rate Access Service, who do not develop public communications
networks or provide electronic communications services
to the public, nor resell them, and wish and have
sufficient legal capacity to contract the services
of YA.COM.
YA.COM shall not be held liable for false statements
in the information provided by the CUSTOMER when entering
into the contract.
One. Purpose.
The purpose of these General Conditions is to establish
the framework within which YA.COM shall provide the
YA.COM Flat Rate Access Service to the CUSTOMER, and
the latter shall use it. The YA.COM Flat Rate Access Service shall be provided exclusively in the Spanish
territory. In order for the service to be provided,
the CUSTOMER's compliance with the Prior Requirements
that are covered in Condition Two shall be an essential
requirement.
Two. Prior Requirements.
Compliance with the requirements that are listed
below shall be considered essential and necessary
for provision of the YA.COM Flat Rate Access Service:
Three. Characteristics of the YA.COM Flat Rate Access Service.
Package Network-CUSTOMER download speed CUSTOMER-Network
upload speed
24h flat rate 64kbs/56 Kbs 64kbs/56 Kbs
Day flat rate 64kbs/56kbps 64kbs/56 Kbs
Service maintenance also includes a technical support
service for the configuration of all the necessary
components in order to connect: basic configuration
and outpost of the connection hardware, TCP/IP´s
Customer service configuration, connection equipment
components software/hardware installation provided
for YA.COM if its necessary and they were provided
for YA.COM and a technical support for services of
added value (e-mail accounts service, hosting service,
…) included in YA.COM Flat Rate Access Service.
YA.COM must integrally manage incidences in any of
these services, once the Customer has notified them
to the Customer Service Centre opportunely. The Customer
must communicate incidences resolution to YA.COM.
Four. Additional Services.
In addition, the different Commercial Offers offered
by YA.COM to the CUSTOMER for providing the YA.COM Flat Rate Access Service may include the provision
of a series of Additional Services. Signing on to
the conditions that regulate these Additional Services
shall be done either by signing this Contract, or
through the Access Page.
The Additional Services included in the YA.COM Flat Rate Access Service, which will be automatically contracted
and accepted at the time this contract is signed,
may be the following:
4.3.1. Description of the Service: Service for storing
the CUSTOMER's information or information that it
is authorised to disclose, on a YA.COM server made
available during the Contract term. The Service is
configured as an Additional Service of the YA.COM Flat Rate Access Service, within the framework of
the offers that do thus state. Therefore, it may only
be contracted jointly with the YA.COM Flat Rate Access Service and within the framework of these different
packages or commercial offers. The Service provides
the following characteristics:
· Connectivity:
- Redundant connectivity
- Point of presence on Espanix
· The YA.COM facilities shall have the following
conditions:
- Cooling system
- Fire detection system
- Dual power systems
- Restricted access to the premises: Only to authorised
person(s)
- Security with 24 x 7 constant monitoring
- Redundant firewall structure
· Server maintenance:
The cost of server maintenance shall be borne by YA.COM,
unless the CUSTOMER has acted negligently or has even
housed applications that may create any damage in
the server, in which case the CUSTOMER shall be liable
for the damages caused to YA.COM.
· Level of service
- YA.COM undertakes to makes it greatest efforts to
guarantee proper storage of the Information, such
that it is made available to Internet users without
interruptions during the term of this contract.
- Nevertheless, YA.COM shall not be liable for interruptions
in availability of said Information, caused by events
of force majeure or events beyond the control of YA.COM.
- YA.COM may temporarily interrupt storage of the
Information on its Servers, or the availability thereof
to Internet users, due to reasons of security or restructuring
of the computer resources of YA.COM, aimed at improving
its storage services and Information availability
by way of the Internet. In any event, YA.COM shall
make its greatest efforts so that these interruptions
have a minimum effect on the CUSTOMER. YA.COM shall
not be liable for damages caused by said interruptions,
if they have been made known to the CUSTOMER with
a minimum advance notice of 48 hours.
- When the server is managed by the CUSTOMER, YA.COM
shall not be held liable for availability of service
or other related services.
4.3.2. CUSTOMER Obligations: The CUSTOMER undertakes
to use the service correctly and to comply with the
current standards at all times during the term of
the contract:
· The CUSTOMER acknowledges YA.COM's
ownership on methods, knowledge, know-how and procedures
used in the development and performance of the services
hereunder, and shall own the image, intellectual
property and industrial rights or rights of any
other nature on the contents, or shall have the
appropriate licenses or rights of use, exonerating
YA.COM from any claim that could come from third
parties.
· The CUSTOMER shall appoint a contact
person with powers to make decisions on behalf of
the CUSTOMER, once the contract enters into force,
who shall act as the sole intermediary with YA.COM.
· The CUSTOMER undertakes to provide
collaboration, data, specifications and documents
that are necessary for meeting the obligations arising
from this contract.
· The CUSTOMER shall access the YA.COM
server through means of information technology in
order to store, modify or remove data stored therein.
For this purpose, YA.COM shall provide the CUSTOMER
with a user name and password that allow remote
access.
· The use of the server contrary to
good faith is prohibited, which includes but is
not limited to the following:
- Use that is contrary to the Spanish laws or that
violates the rights of third parties.
- The publication or transmission of any content
that in the judgement of YA.COM may be violent,
obscene, abusive, illegal, racist, xenophobic or
defamatory.
- Cracks, serial numbers for programs or any other
content that violates the intellectual property
rights of third parties.
- Collecting and/or using personal information from
other users without their express consent, or infringing
upon Constitutional Law 15/1999 of December 13,
regarding Protection of Personal Information.
- Use of the server for so-called spamming purposes
(sending unsolicited mass e-mail, of a marketing or
any other nature), as well as mail bombing (sending
large messages for the purpose of blocking a server)
and phishing (fraudulently and deceitfully acquiring
personal information such as passwords or credit card
details). <blockquote>
4.3.3. YA.COM reserves the right to remove contents
stored on its servers that violate the provisions
of this Clause, or to take any other measure that
it deems necessary to prevent illegal activity or
infractions from being committed, which it has detected
without the need to notify the CUSTOMER in advance.
4.3.4. The information stored on the YA.COM server
shall belong, for all intents and purposes, to the
CUSTOMER, who shall be the sole party responsible,
according to the provisions of article 16 of Law 34/2002
of July 11, for information and e-commerce company
services.
The included Additional Services, where applicable,
in the different Commercial Offers, and which shall
be contracted independently through the access page,
may be the following:
4.4. "Security Suite· Information Security
Service: YA.COM may make "Security Suite· Information Security available to the CUSTOMER within
the framework of the Commercial Offers offered at
all times. The specific conditions that regulate the
provision of this service are available to the CUSTOMER
in the CUSTOMER Area. This is understood to be the
section accessible to YA.COM CUSTOMERs from the Access
Page www.YA.COM and identified as such, in order to
manage issues related to the services that the CUSTOMER
has contracted at any given time.
4.5. A Domain and Domain Management Service: YA.COM
may make a domain (hereinafter "your domain· )
of the .com, .net, .org, .biz, .info, .es type available
to the CUSTOMER within the framework of the Commercial
Offers offered at all times, at the choosing of the
CUSTOMER. The Specific Conditions that regulate the
provision of the YA.COM Domain Management Service
are available to the CUSTOMER on the Access Page to
the YA.COM Domain Store, and shall be accessible from
the Commercial Offers that include this Additional
Service.
4.6. Voice Service through Pre-selection or Direct
Dialling: YA.COM may make Voice Service available
to the CUSTOMER within the framework of the ADSL Commercial
Offers offered at all times, under the indirect access
type through pre-selection or direct dialling, which
shall be provided by YA.COM. The Specific Conditions
applicable to this Service shall be made available
to the CUSTOMER and shall be accepted by the latter
at the time the express Service is contracted, and
also these General Conditions.
Five. Obligations of the Parties.
5.1. Obligations of YA.COM.
From the date that the CUSTOMER has proven compliance
with the Prior Requirements (hereinafter "Service
Activation Date· ), YA.COM shall be under obligation
to:
· Provide the YA.COM Flat Rate Access Service
to the CUSTOMER under the conditions stated herein
and in the Commercial Offer entered into by the CUSTOMER.
· Provide the CUSTOMER with the ability to terminate
the contract at no cost whatsoever, if within the
period of 7 (seven) days from receiving the elements
necessary for provision of service, the CUSTOMER were
to state its intent to terminate the contract, through
any manner admissible by law. In this case, the CUSTOMER
shall return all elements received.
· Make the Additional Services available to
the CUSTOMER, where applicable, contracted by the
CUSTOMER together with the YA.COM Flat Rate Access Service.
· Provide Technical Support Service from 8:00
a.m. to 12:00 a.m. through a CUSTOMER Service telephone
line, which number shall be given to the CUSTOMER
along with the Service installation guide.
· Provide a CUSTOMER Service line, which number
is 902 902 902, from 8:00 a.m. to 12:00 a.m., where
the CUSTOMER may request all information that it requires
on the available services, as well as the procedure
to follow for filing any claim or complaint arising
from the provision of services.
· Maintain the YA.COM Flat Rate Access Service
operational for use during the schedule contracted
by the CUSTOMER, except for temporary interruptions
due to maintenance operations thereon.
Said interruptions shall be notified with sufficient
advance warning, as far as possible, through the Service
Access Page or by e-mail. The foregoing obligation
shall not be enforceable against YA.COM in the event
of force majeure, or if a drop takes place in the
data network that serves as a basis for provision
of the service, that is beyond its will or control.
· Maintain and ensure the secrecy of communications,
unless there is a request from the governing judicial
or administrative authority, in which case it reserves
the right to provide the information required by these
authorities without prior notice to the CUSTOMER.
5.2. CUSTOMER Obligations.
In effect from the Service Activation Date, the CUSTOMER
shall be under obligation to:
· Maintain, where applicable, the Contract for
the initial compulsory period stated in the conditions
of the Commercial Offer entered into by the CUSTOMER.
· To pay the amounts due for the YA.COM Flat Rate Access Service, such as they are set forth in
the Commercial Offer contracted by the CUSTOMER.
· Return the Applied Discounts to YA.COM in
the event that this is applicable, by virtue of the
provisions of Clause Seven of these General Conditions
and in the Commercial Offer, whereby the CUSTOMER
contracts the YA.COM Flat Rate Access Service.
· To not use the YA.COM Flat Rate Access Service
in contravention of the law or these General Conditions.
The CUSTOMER is particularly prohibited from using
the YA.COM Flat Rate Access Service for committing
criminal acts, sending unsolicited advertising or
marketing ("spam· ), violating Intellectual
Property, Patent and Trademark legislation and/or
infraction of any legislation that may be applicable
to the CUSTOMER's use of the YA.COM Flat Rate Access Service.
· To not use the YA.COM Flat Rate Access Service
for resale, transfer or commercial development to
third parties by the CUSTOMER without the express
written consent of YA.COM.
· Keep and protect the access passwords and
CUSTOMER identification name provided. The CUSTOMER
therefore assumes liability for all damages of any
kind that may arise from breaking or disclosing said
passwords. The CUSTOMER may change the password at
any time.
· To safeguard and preserve, where applicable,
the wireless connection, assuming responsibility for
the consequences of possible connections made by third
parties in order to use the bandwidth contracted by
the CUSTOMER for Internet access or in order to access
the information contained in the CUSTOMER's computer
equipment.
Six. Term and Completion.
Term of the Contract is definite. Despite, it may
have an initial compulsory term, which shall be
stated in the Commercial Offer signed by the Customer,
where applicable (hereinafter the "Initial
Compulsory Period"), from the Service Activation
Date. In this case, the contract shall be automatically
renewed by periods of one year when it expires,
unless the Customer gives express notice to the
contrary at least FIFTEEN (15) days prior to the
renewal date.
Once the Initial Compulsory Period has ended, where
applicable, the Customer may voluntarily ask for
the account to be closed for the Ya.com Flat Rate
Access Service, without having to return the Applied
Discounts stated in Condition Seven, under the conditions
stated in the following paragraph:
The customer may cancel their subscription to the
Ya.com Flat Rate Access Service by giving at least
FIFTEEN (15) days' notice before the effective date
of the cancellation, using any of the following
procedures for this purpose: i) Notification in
writing to YA.COM, to Post Box No. 1058, 28108 Alcobendas
(Madrid), attaching a copy of their National Identity
Document ii) By telephoning Customer Service on
902 902 886, providing their personal data (Name,
Address, ID No., etc.), as well as stating their
unequivocal wish to cancel the Service, following
the instructions with which they will be provided
iii) Through the space set aside for this purpose
on the Customer Area Webpage, filling in the form
provided for this purpose with their personal data
and stating their unequivocal wish to cancel the
Service, following the instructions with which they
will be provided.
In the event the Customer's account is closed during
the Initial Compulsory Period, where applicable,
the Return of Applied Discounts shall apply, in
accordance with the provisions of Condition Seven.
Cancellation of the Ya.com Flat Rate Access Service
and, where applicable, of additional services, will
come into effect fifteen days after the Customer's
request. YA.COM will reimburse the amounts corresponding
to the service(s) charged from the effective cancellation
date up until the last day of the invoicing period.
If YA.COM were to fail to comply with any of its
obligations, the Customer shall notify YA.COM of
said non-compliance immediately and reliably. After
FIFTEEN (15) days have passed from the notice given
without YA.COM having rectified the non-compliance,
the Customer may choose to terminate the contract,
without the need to return the Applied Discounts
as referred to in Condition Seven. Both Parties
agree that this shall be the only effect in the
case of contract termination on these grounds.
YA.COM reserves the right to interrupt the Ya.com
Flat Rate Access Service or immediately terminate
the contract with regard to the Customer, if it
detects a use of this service that is contrary to
these General Conditions, to the current legislation
or in the event that the Customer fails to pay any
of the owed amounts.
Seven. Financial Conditions.
7.1 The CUSTOMER shall pay YA.COM the following for
the provision of the YA.COM Flat Rate Access Service:
· An initial registration payment on
the YA.COM Flat Rate Access Service, which
shall be paid by the CUSTOMER along with the first
fixed monthly payment, without prejudice to what may
be stated in the Commercial Offer entered into by
the CUSTOMER with regard to discounts on the payment
of the initial registration payment.
· A fixed monthly payment, which shall be paid
by the CUSTOMER in advance of the monthly periods.
This fixed monthly payment shall vary based upon the
characteristics of the Commercial Offer of the YA.COM Flat Rate Access Service entered into by the CUSTOMER.
· Expenses, where applicable, for consumption
or volume downloaded, according to the type selected
by the CUSTOMER.
· Expenses for taking CUSTOMER off service,
which are specified in the Commercial Offer, which
the CUSTOMER shall pay when it requests to be taken
off of the Service.
· In addition, the Commercial Offer entered
into by the CUSTOMER may include the purchasing of
Connecting Hardware, a Connecting Accessory and/or
any other computer equipment by the CUSTOMER. The
price of said devices may be included in the fixed
monthly payment, which the CUSTOMER is under obligation
to pay, or may consist of a single payment that shall
be made only once along with the first fixed monthly
payment. This is unless the Commercial Offer entered
into by the CUSTOMER sets discounts in this regard,
being conditional upon the CUSTOMER remaining with
the service for an initial period.
· Subscription cost: YA.COM will charge no amount
whatsoever by way of subscription cost.
· All payments by default shall be made by bank
debit. Notwithstanding the foregoing, the CUSTOMER
may request, by making a telephone call to the CUSTOMER
Service line available at the number 902 024 084,
to pay its bills through any other means of payment
that are approved.
· The specified amounts to be paid by the CUSTOMER
to YA.COM by way of joining fee, fixed monthly fee,
consumption realised, if applicable, and, where applicable,
Connection Hardware and/or Connection Accessory and/or
computer equipment, will be those established for
each Commercial Offer in the tables of rates published
by YA.COM at all times through the URL http://www.acceso.YA.COM/tarifas
and will be invoiced by YA.COM to the CUSTOMER electronically
in accordance with the legislation in force.
7.2. If the CUSTOMER fails to pay any of the aforementioned
amounts, YA.COM reserves the right to temporarily
suspend the YA.COM Flat Rate Access Service. After
FIFTEEN (15) days have passed from the suspension
of the YA.COM Flat Rate Access Service, without the
CUSTOMER having paid the owed amounts, YA.COM may
suspend the Service finally, terminating the contract
with the CUSTOMER due to causes attributable to the
CUSTOMER.
7.3. Returning of the Applied Discounts: In the event
the Contract is terminated due to causes not attributable
to YA.COM, whether due to CUSTOMER non-compliance
with its obligations thereof, or due to its voluntary
request to have the account closed during the Initial
Compulsory Period, the CUSTOMER shall be under obligation
to return to YA.COM the Applied Discounts, in addition
to payment for the expenses from closing the account,
in accordance with the provisions of this Condition.
The formula for calculating the amount to return,
such that the CUSTOMER returns a lower amount if it
has remained in the Contract longer, shall be by applying
the lower of the amounts that are indicated below:
· the amount equivalent to the sum of the discounts
received by the CUSTOMER within the framework of the
Commercial Offer, and tied to it remaining as a CUSTOMER
for the Initial Compulsory Period, which shall be
one year, unless otherwise stated in the Commercial
Offer. For these purposes, the following shall be
considered discounts: payment exemption on the registration
amount for the YA.COM Flat Rate Access Service, making
the connecting equipment available free of charge
and any additional benefit that the contracted Commercial
Offer may include;
· or the amount of the remaining payments
until the Initial Compulsory Period is complete.
7.4. Non-Activation of the Service: In the case of
non-activation of the YA.COM Flat Rate Access Service,
due to the impossibility of delivering the Connecting
Hardware due to causes attributable to the CUSTOMER,
after THIRTY (30) calendar days have passed from the
first attempt at delivery of the aforementioned Hardware
by YA.COM at the address indicated by the CUSTOMER
for these purposes at the time the contract is signed,
the CUSTOMER shall be under obligation to reimburse
YA.COM for the expenses that YA.COM had incurred for
registering it under the YA.COM Flat Rate Access Service,
which sum shall be indicated for each Commercial Offer
through the URL http://www.acceso.YA.COM/tarifas.
Eight. Responsibilities.
8.1. Communications. YA.COM shall adopt and install
the measures and technical means that are required
by the current legislation, in order to guarantee
the secrecy of communications and integrity of the
service as they travel throughout the network of YA.COM.
In accordance with article 14 of Law 34/2002 of July
11, regarding Information and E-Commerce Company Services,
YA.COM shall not be liable for information transmitted
by users through its network when the data has been
provided by the end user of the service.
8.2. Service Quality. YA.COM undertakes to meet the
quality levels for each of the services entered into
by the CUSTOMER, pursuant to the parameters and methods
determined by legislation.
YA.COM will reimburse the CUSTOMER for temporary
interruptions to the service lasting more than 24
hours throughout the invoicing period, starting from
the CUSTOMER's notification and produced by causes
attributable to YA.COM. The Client will receive the
amount corresponding to the proportional part of the
period of interruption of the service increased by
10%, although this reimbursement cannot exceed the
amount corresponding to a monthly fee.
The CUSTOMER must request the application of the
aforementioned reimbursement within two weeks of the
end of the invoiced period. YA.COM will carry out
its application in subsequent invoicing periods.
8.3. Temporary Service Interruptions
8.3.1. When, during an invoicing period, the Client
experiences temporary interruptions of the Internet
access service, the operator must compensate the subscriber
by returning the amount of the monthly quota corresponding
to the YA.COM Flat Rate Access Service, in proportion
to the length of time of the interruption. In this
respect, YA.COM will be obliged to compensate the
CUSTOMER automatically in the invoice corresponding
to the period immediately following the one in question,
when the interruption supposes the right to compensation
in excess of 1 Euro.
8.3.2. That set forth in the section above will not
be of application when the temporary interruption
is due to one of the following causes:
i. Serious breach by the CUSTOMER of the contractual
conditions.
ii. Damage caused to the network due to the connection
by the CUSTOMER of terminal units whose compliance
has not been evaluated, in accordance with the legislation
in force.
8.3.3. The compensation allowed for in this clause
is understood notwithstanding the responsibility for
damage caused to final users, which will be demanded
in accordance with that set forth in article 102.3
of the Regulation concerning conditions for the provision
of electronic communications services, universal service
and the protections of users, passed by Royal Decree
424/2005, of 15th April.
8.4. Personal information. YA.COM has adopted
all legally required security measures in order to
protect the personal data provided by the CUSTOMER.
8.5. Usefulness. The linking devices that YA.COM
makes available to CUSTOMERs are only intended for
facilitating their search for information available
on the Internet. YA.COM does not guarantee that the
service is suitable for performing any service beyond
that being contracted, nor does it permit access to
all Internet sites. YA.COM does not offer or market
products and services available on linked sites, nor
does it assume any liability for such products or
services.
8.6. Use and Contents. YA.COM, which acts exclusively
as a service provider, does not control the CUSTOMER's
use of the YA.COM Flat Rate Access Service.
In this regard, YA.COM is not liable for the use
and/or contents that the CUSTOMER may derive from
the service, in contravention of the laws or these
General Conditions. The CUSTOMER is solely liable
for the consequences that its illegal use or use contrary
to these conditions may involve, as well as the veracity
and/or legality of the contents displayed in the Additional
Services.
If YA.COM were to discover, whether directly or through
notifications or requests from third parties, the
existence of contents that could violate the current
laws or these General Conditions, or the use of YA.COM Flat Rate Access Service for fraudulent, criminal
and/or unauthorised purposes, including Additional
Services; YA.COM reserves the right to suspend the
YA.COM Flat Rate Access Service in whole or in part
of its own accord, including the Additional Services,
without the need for prior authorisation of the CUSTOMER,
by removing the violating contents or any other measure
that it deems necessary to prevent the criminal act
or detected infraction from continuing.
In no case may the CUSTOMER make use of a transfer
rate (bandwidth consumption), whether up or down,
that is greater than what is authorised in the Commercial
Offer entered into by the CUSTOMER. In this regard,
YA.COM shall not allow the CUSTOMER to use either
the ADSL connection or each and every one of the Additional
Services for transmission and/or publication of elements,
which by their characteristics such as size, format,
etc., hinder the operation of the Additional Services.
8.7. Without prejudice to the foregoing, YA.COM reserves
the right to make the administrative or judicial authorities
aware of those events that could constitute an illegal
activity, without the need to notify the CUSTOMER
beforehand.
8.8. Computer Viruses. YA.COM does not control or
guarantee the absence of computer viruses in the services
provided by third parties through its portal network,
which may cause alterations in the CUSTOMER's computer
system (software and hardware) or in the electronic
documents and files stored in its computer system.
Nine. Intellectual and Industrial Property.
The CUSTOMER acknowledges that all images, designs,
drawings, contents, logos, trademarks and any other
product subject to protection in accordance with the
applicable legislation on Intellectual Property, Patents
and Trademarks, to which it could have access by subscribing
to the YA.COM Flat Rate Access Service, are property
of YA.COM or the third parties owning them. The CUSTOMER
undertakes to use the YA.COM Flat Rate Access Service
by observing these rights.
In no way does the CUSTOMER's entering into the contract
for YA.COM Flat Rate Access Service imply any transfer
of rights to the CUSTOMER by YA.COM in the area of
Intellectual Property, Patents and Trademarks. YA.COM
prohibits the use of the Service in any way that directly
or indirectly involves the contravention of the applicable
legislation in the area of Intellectual Property,
Patents and Trademarks. The CUSTOMER is exclusively
liable for these actions, as well as their consequences,
and shall hold YA.COM harmless in all cases.
Ten. Amending the General Contract Conditions of
the YA.COM Flat Rate Access Service.
YA.COM may amend these General Conditions or introduce
new use conditions, in accordance with current legislation,
after communicating this on the Access Page to the
YA.COM Flat Rate Access Service and a notice to the
end users affected, with an advance warning of THIRTY
(30) days. These amendments shall only apply from
the date of their entry into force.
The CUSTOMER may terminate the contract early without
the obligation to pay any amount, in the event that
it does not accept the new General Conditions or the
amendments therein.
Eleven. Technological Modifications.
YA.COM shall be entitled to introduce as many changes
to the CUSTOMER's systems and facilities and/or its
own networks that may be demanded by legislation,
and/or to maintain and/or improve the technical service
quality (provided these changes do not involve modifications
to essential aspects of the contracted Service). In
these cases, prior notice shall be given to the CUSTOMER.
Twelve. Protection of Personal Information.
As a result of the YA.COM Flat Rate Access Service
contract, the CUSTOMER is aware and accepts that the
personal information that it provides to YA.COM shall
be subject to processing in a personal data file for
which YA.COM is responsible. The purpose of this file
shall be the administration of the contracted service
and management of incidences related thereto. YA.COM
likewise notifies the CUSTOMER, that due to the technical
needs for providing the service, upon accessing the
YA.COM server, it shall be assigned an IP number (under
the service type entered into by the CUSTOMER), which
shall record the times said server was accessed. Said
IP number shall also be stored by YA.COM so that YA.COM
may meet the aforementioned purposes, as well as the
requests coming from authorities, who in the exercise
of the functions appointed to them, request information
regarding the CUSTOMER.
The delivery of all data required for the YA.COM Flat Rate Access Service contract is compulsory, given
that it is necessary to obtain all this data in order
to comply with the purposes stated in the above paragraph.
In this manner, YA.COM may refuse to contract the
Service to the interested party who does not provide
such data.
Likewise, the CUSTOMER gives their consent for the
data provided by them to YA.COM within the framework
of the contracted Service to be used by the latter
for the following purposes:
-Management of the CUSTOMER Loyalty Programme (which
may include the delivery of gifts, processing of special
offers for CUSTOMERs, YA.COM news items, etc, which
may be sent via the postal service, e-mail, SMS and/or
MMS).
- The sending by YA.COM of commercial information
concerning YA.COM products and/or services (telecommunications
services, information society services and electronic
commerce regarding photography-related products) and/or
by Yacom Travel, S.L. (online travel services), a
subsidiary company currently owned 100% by YA.COM,
whether by post, e-mail, SMS and/or MMS.
The CUSTOMER may withdraw their consent for the use
of their data for any of the purposes described in
the two paragraphs above, as well as exercise their
right to access, rectification or cancellation, and/or
opposition, by sending a letter signed by themselves
to the following YA.COM address: Avenida de Bruselas
20, Edificio Gorbea 4, 28108 Alcobendas (Madrid),
addressed to the Legal Advice Department with the
reference "Data Protection· , attaching a
legible copy of their National Identity Document and
indicating the address to which YA.COM may send confirmation
that it has met their request, or where applicable,
the motives that prevent it from fully carrying out
the said request.
Thirteen. Notifications.
All notifications, including communiqués of
the CUSTOMER's account being closed for the YA.COM Flat Rate Access Service, shall be sent to YA.COM,
to Apartado de Correos núm. 1058, 28108 Alcobendas
(Madrid).
Fourteen. Claims.
YA.COM has a CUSTOMER Service Centre, which purpose
is to attend to and resolve complaints and claims,
and any contractual incident raised by the CUSTOMER,
which the CUSTOMER may address.
This CUSTOMER Service Centre, shall provide the CUSTOMER,
free of charge, a reference number for the incident
raised by the CUSTOMER for any claim, complaint or
request made.
The CUSTOMER is likewise informed of its right
to request a document from the CUSTOMER Service
Centre that certifies the filing and contents of
the complaint or claim, through any support that
allows this certification.
Claims may be filed through the 902 902 902 phone
number (or the number that may replace it, where
applicable), or by ground mail to Apartado de Correos
núm. 1058, 28108 Alcobendas (Madrid). or
by e-mail to acceso@ya.com.
The CUSTOMER shall prepare its complaints or claims
within the period of one month from the time that
it is aware of the event resulting in the complaints
or claims. Having prepared the claim, if the CUSTOMER
had not obtained a satisfactory response from YA.COM
in the period of one month, it may turn to the channels
indicated in the following sections.
The CUSTOMER may direct its claim to the Consumption
Arbitration Boards, under the terms set forth in their
regulatory laws.
In the event that the CUSTOMER or YA.COM do not submit
to the Arbitration Boards, it may approach the State
Ministry of Telecommunications and for the Information
Society, within the period of three months from the
operator's response or the end of the period to respond.
The CUSTOMER may also address the governing courts
of the regular jurisdiction that applies.
Fifteen.- Languages of General Contract Conditions
These General Contract Conditions are available in
Spanish, Catalan, Euskera, Galego and English.
In the event of a conflict between the English and
Spanish version, the Spanish will control.
VERSIÓN IMPRIMIBLE
