Clients: +34 900 287 287

General terms and conditions of contract

Índice

GENERAL TERMS AND CONDITIONS OF CONTRACT

  1. ACCEPTANCE OF THESE GTC APPLICABLE LAW

1.1. The signing, formalising or use of any other method to subscribe a CONTRACT for the provision of ELECTRONIC COMMUNICATIONS SERVICES with AVS entails the explicit acceptance and adhesion by the CUSTOMER to these GTC which have been drafted pursuant to the nature of those SERVICES and based on the regulatory standards of the telecommunications market, electronic commerce, personal data protection and other legislation in force at the time of their publication.

1.2. To all intents and purposes, a CONTRACT for the provisions of ELECTRONIC COMMUNICATIONS SERVICES shall be deemed to exist between AVS and the CUSTOMER when the latter furnishes, provides, supplies and/or makes available to the former one or more of the SERVICES contemplated in Clause 2.4., in any of their modes, even if said SERVICES are not used or consumed by the CUSTOMER and regardless of the way in which this contract is documented.

Likewise, it shall be considered that a CONTRACT exists in those cases in which, although there is no record of a document signed by the CUSTOMER formalising the same, circumstances, data and/or events exist which undoubtedly demonstrate the unequivocal wish of the CUSTOMER to receive or have at their disposal the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided and/or made available by AVS.

1.3. Before signing any CONTRACT for the provisions of ELECTRONIC COMMUNICATIONS SERVICES with AVS, the latter shall, directly, through any of its suppliers, dealers, sellers and/or any other commercial channels included on its website “www.astroline.es”, ensure that the CUSTOMER gains access to and is informed of these GTC, the CONTRACT template that is to be signed, formalised and/ or subscribed and the Annex that describes the “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”.

1.4. All matters not specifically provided for in these CTC shall be governed by the specific legislation that applies at all times in relation to the contracting methods and modes, with the content, scope, quality, limits and other regulatory provisions governing ELECTRONIC COMMUNICATIONS SERVICES and the rights, guarantees, duties and obligations of consumers and users.

1.5. In particular, all ELECTRONIC COMMUNICATIONS SERVICES contracts agreed between AVS and the CUSTOMER shall be subject to the following regulatory provisions:

1.5.1. Royal Decree 899/2009 of 22 May, which approves the Charter of Rights of the User of Telecommunications Services;

1.5.2. Royal Legislative Decree 1/2007 of 16 November, which approves the Revised Text of the General Consumers and Users Defence Act and other complementary laws;

1.5.3. Act 7/1998 of 13 April, on General Conditions of Contract;

1.5.4. Act 34/2002 of 11 July, on Information Society Services and Electronic Commerce;

1.5.5. All others of a general and/or specific nature that are relevant even if not included in these GTC.

1.6. In those cases in which a legal provision of a binding nature alters the rights and obligations of the parties to ELECTRONIC COMMUNICATIONS SERVICE CONTRACTS signed with AVS, said rights and obligations shall be held as modified therein in the exact same sense of that provision if said modification had not been set out in these GTC.

1.7. No new regulatory provision or, as applicable, modification currently in force shall have a retroactive effect or be applicable to CONTRACTS dated earlier than the entry into force of those provisions or modifications unless otherwise expressed therein.

1.8. In those cases in which a discrepancy exists between that set out by these GTC and a binding regulatory provision, the latter shall always apply.

  1. PURPOSE SCOPE

2.1. The purpose of these GTC is to regulate all the rights and obligations of both the CUSTOMER and AVS in all ELECTRONIC COMMUNICATIONS SERVICE CONTRACTS, understood pursuant to the terms of Clause 1.2.

2.2. These GTC, along with the ELECTRONIC COMMUNICATIONS SERVICE CONTRACT document to which they apply and the Annex entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS” form and constitute a single and inseparable contractual unit such that the content of these three documents shall be binding and fulfilment thereof by the parties shall be mandatory.

2.3. When the CUSTOMER of the ELECTRONIC COMMUNICATIONS SERVICES is an entity other than a natural person, the right to which these GTC refer shall be extended to the necessary extent to the persons making up and/or constituting said organisation.

In the cases provided for in the first paragraph of this Clause 2.3., the obligations arising from these GTC correspond to the entity or legal person as a unit and, jointly and severally, to those persons who, in fact or in law, exercise its management and representative functions as administrators and in all cases, the natural person who has signed the CONTRACT with AVS on its behalf.

2.4. The ELECTRONIC COMMUNICATIONS SERVICES marketed, furnished, provided, offered, supplied and/or made available by AVS that could constitute the subject matter of the CONTRACT affected by these GTC are:

2.4.1. Conventional landline telephone services:

2.4.2. Landline telephone services with VoIP (voice over IP) technology;

2.4.3. Services managed by a virtual or physical switchboard;

2.4.4. Internet access at a fixed location:

2.4.5. Mobile phone services:

2.4.6. Internet access on a mobile phone:

2.4.7. Mobile phone location service;

2.4.8. International roaming service for mobile phone voice and data traffic;

2.4.9. Emergency call service from any landline or mobile telephone terminal;

2.4.10. Inbound and outbound call identification and duration service;

2.4.11. Voice mailbox service:

2.4.12. Logging of inbound and outbound calls;

2.4.13. Any others which may, henceforth or in the future, appear or be contained or reflected in these GTC and/or in the ANNEX entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”.

2.5. AVS markets, sells, furnishes, provides, supplies and makes available to the CUSTOMER the ELECTRONIC COMMUNICATIONS SERVICES to which Clause 2.4. refers separately or jointly, grouped by “packs” as specified in the ANNEX describing the “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”.

At their convenience, the CUSTOMER may contract the reception of the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied and/or made available by AVS separately and/or in the form of “packs” pursuant to the content of the above-mentioned Annex describing the “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”.

2.6. The description, nature, characteristics, scope, limits, prices and rates of the ELECTRONIC COMMUNICATIONS SERVICES and the “packs” or PRODUCTS marketed, furnished, provided, supplied and/or made available by AVS are set out in the Annex entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS” where the CUSTOMER may at any time consult the information related to them.

2.7. Due to their nature, THE ELECTRONIC COMMUNICATIONS SERVICES are variable and their evolution is dependent on the progress of technologies and markets. Thus, the Annex entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS” shall be updated in order to adapt it to said evolution.

2.8. ADDITIONAL PREMIUM RATE SERVICE contracts are not subject to these GTC and shall be regulated by the generic and/or specific provisions set out in the PREMIUM RATE SERVICE CONTRACT in question.

  1. CUSTOMER’S OBLIGATIONS

3.1. Generic obligations of the CUSTOMER signing an ELECTRONIC COMMUNICATIONS SERVICE CONTRACT with AVS.

On signing, formalising and/or subscribing an ELECTRONIC COMMUNICATIONS SERVICE CONTRACT with AVS under the terms set out in Clause 1.2. the CUSTOMER assumes the following obligations:

3.1.1. The CUSTOMER shall not be untruthful, forge or in any way alter the data which, pursuant to current law, must be communicated to AVS to enable the latter to provide the ELECTRONIC COMMUNICATIONS SERVICES.

3.1.2. The CUSTOMER shall inform AVS in writing and by any means that allows its receipt by AVS to be recorded of any variation, change or alteration in the data reflected in the contract to which these GTC apply (among others, and without limit, the post code, email, mobile and/or landline contact telephone numbers, IBAN number of the account for charging the invoices) that could prevent or hinder the fulfilment of the obligations and rights that correspond to the parties.

3.1.3. The CUSTOMER shall use the ELECTRONIC COMMUNICATIONS SERVICES arising from the CONTRACT signed with AVS for personal reasons.

Unless otherwise permitted by the intrinsic purpose of the contracted ELECTRONIC COMMUNICATIONS SERVICE (mainly those destined for use by public communications establishments) or authorised expressly and in writing by AVS, the CUSTOMER is considered a consumer and/or end use of the ELECTRONIC COMMUNICATIONS SERVICE contracted with AVS.

Thus, with the same reservations as those set out in the second paragraph of this Clause 3.1.3., the CUSTOMER shall not resell, market, exchange or perform any other legal business on the TELECOMMUNICATIONS PRODUCTS contracted or the ELECTRONIC TELECOMMUNICATIONS SERVICES furnished, provided, offered and/or made available by AVS whether in full or in part or whether free of charge or in return for a fee.

3.1.4. The CUSTOMER shall not use the ELECTRONIC COMMUNICATIONS SERVICES contracted with AVS for any illegal purpose, to perform activities that are contrary to current legal provisions or to cause annoyance to or harm third parties and shall prevent others from using those ELECTRONIC COMMUNICATIONS SERVICES with or without the knowledge and/or consent of the CONSUMER for the above-mentioned prohibited purposes.

For the purposes set out in the first paragraph of this Clause 3.1.4., the CUSTOMER undertakes to comply with the orders and instructions given to them by AVS after accepting these GTS.

If the CUSTOMER refuses to comply with the orders and instructions set out in the second paragraph of this Clause 3.1.4., AVS shall partially and/or totally, temporarily and/or permanently suspend the improperly used ELECTRONIC COMMUNICATIONS SERVICES.

The CUSTOMER undertakes to exonerate, release and keep AVS safe from all financial, image and/or any other type of damages caused as a result of the improper use of the ELECTRONIC COMMUNICATIONS SERVICES provided by AVS not attributable to the latter. In those cases set out in this paragraph of Clause 3.1.4., the CUSTOMER shall be solely and exclusively liable for any damages or losses that they could or might cause.

3.1.5. The CUSTOMER shall be responsible for the security and integrity of the appliances, devices, equipment and/or computer and/or electronic terminals through which the ELECTRONIC COMMUNICATIONS SERVICES provided by AVS are or should be received that are or should be in their possession, at their domicile, on their premises, property or in places that are or should be under their control and domain, including private or public service vehicles and for the protection thereof from viruses, intruders, hackers and in general, in the event of any aggression or technological or physical attach that could in any way alter, impede, hinder, prevent or modify the fulfilment of the obligations assumed by the parties.

Pursuant to the terms of the first paragraph of this Clause 3.1.5., the CUSTOMER shall freely and voluntarily release AVS from any responsibility arising directly or indirectly from the abusive and/or fraudulent use of the ELECTRONIC COMMUNICATIONS SERVICES provided, furnished and/or supplied to the CUSTOMER by AVS.

Under no circumstances shall the abusive or fraudulent use of the ELECTRONIC COMMUNICATIONS SERVICES by any person unrelated to AVS serve as a basis for disputing, delaying and/or refusing to make payment of the amounts billed by AVS to the CUSTOMER when said amounts billed correspond to the use (or abuse) of the TELECOMMUNICATIONS PRODUCT contracted by the latter.

3.1.6. The CUSTOMER shall promptly pay to AVS the amounts corresponding to the price for the use, utilisation and/or provision of the TELECOMMUNICATIONS PRODUCT and/or the ELECTRONIC COMMUNICATIONS SERVICES contracted in accordance with the AVS PRICES AND RATES applicable to each PRODUCT or SERVICE.

3.1.7. The CUSTOMER shall pay the minimum fixed price of the contracted TELECOMMUNICATIONS PRODUCT, even if they have not consumed or used the entirety of the product furnished, provided, supplied, offered and/or made available by AVS in those cases in which the TELECOMMUNICATIONS PRODUCT contracted includes, entails or implies a fixed minimum price in exchange for the provision to the CUSTOMER of a minimum use or consumption of an ELECTRONIC COMMUNICATIONS SERVICE.

The CUSTOMER shall not be released from their payment obligation as set out in the first paragraph of this Clause 3.1.7. even if they have not used, utilised and/or consumed all or part of the contracted ELECTRONIC COMMUNICATIONS SERVICE provided by AVS.

3.1.8. Breach by the CUSTOMER of the prompt payment obligation set out in Clauses 3.1.6 y 3.1.7. shall give AVS the right to temporarily or permanently suspend the provision of the ELECTRONIC COMMUNICATIONS SERVICES under the terms provided for in Clause 12 or in the absence thereof, the provisions of current law.

In those cases of a total or partial breach of the payment obligation, the CUSTOMER expressly CONSENTS TO and AUTHORISES AVS to communicate their data to the different defaulting debtor databases and registers that exist or any that could be created in the future such as RAI, ASNEF, BADEXCUG, and formally waives any other legislation that could apply to them.

3.1.9. The CUSTOMER shall compensate AVS for any damages, losses, costs and expenses sustained by the latter resulting from the illegal, fraudulent or improper use by the CUSTOMER or by third parties, with or without the CUSTOMER’S knowledge and/or consent, of the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, offered, supplied and/or made available by AVS.

3.1.10. The CUSTOMER shall have the duly approved appliances, devices, equipment and/or computer and/or electronic terminals and in general, any other HARDWARE for the correct reception of the ELECTRONIC COMMUNICATIONS SERVICES contracted and furnished, provided, supplied, offered and/or made available to the CUSTOMER by AVS.

3.1.11. The CUSTOMER shall refrain from tampering with or altering, by means of any physical, electronic or other method, any elements, appliances, devices, equipment, terminals, wires and/or installations through which they receive or should receive the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS for the purpose of accessing them and/or using them in conditions other than that of an end user, for purposes other than those contracted or in any other way or for any other fraudulent purpose and shall prevent others from carrying such prohibited activities with or without their knowledge and/or authorisation.

3.1.12. The CUSTOMER shall duly complete and sign the original of the CONTRACT for the provision of ELECTRONIC COMMUNICATIONS SERVICES and the document containing the “SEPA order” and shall deliver, in person or send the signed original of both documents to AVS at the following postal address:

ASTROLINE VOIP SERVICES S.L.
Calle Adolfo Pérez Esquivel 3
28232 – Las Rozas
Madrid

The term for the CUSTOMER to fulfil the obligation set out in the first paragraph of this Clause 3.1.12. shall be 30 (thirty) calendar days from the date of signing the contract.

AVS reserves the right not to start the provision of the contracted TELECOMMUNICATIONS SERVICE or to suspend the provision of any that have already been started until the CUSTOMER fulfils this obligation set out in this Clause 3.1.12.

3.1.13. The CUSTOMER shall fulfil all other obligations and prohibitions arising from the CONTRACT signed with AVS, these GTS or any that may be imposed by current law.

3.2. All additional obligations that must be met by the CUSTOMER in those cases in which the latter receives appliances, devices, routers, equipment, computer and/or electronic terminals and in general, any type of HARDWARE belonging to AVS.

When, regardless of the TELECOMMUNICATIONS PRODUCT contracted, the CUSTOMER receives any type of electronic and/or computer HARDWARE that belongs to AVS; said AVS HARDWARE shall be considered as delivered to the CUSTOMER under lease or as movable property with a duration of 24 (twenty-four) months, unless expressly agreed otherwise.

In such cases, the CUSTOMER shall, in addition to others established in general, have the obligations set out below in this Clause 3.2. and/or those arising from these GTC and/or the ANNEX entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”.

3.2.1. The CUSTOMER shall sign the standard HARDWARE delivery note which records the class, number of units, makes, models, serial numbers any other data and identification characteristics that permit them to be distinguished from other similar groups.

3.2.2. The CUSTOMER shall use the AVS HARDWARE in a rational, normal and proper way that is adequate for their purpose, and take care of and maintain it with due diligence, ensuring by all available means that they are not altered, tampered with, damaged, destroyed, stolen, lost or harmed in any other way.

3.2.3. The CUSTOMER shall inform AVS immediately through certified channels of any third party claim, judicial or administrative action, lawsuit, seizure or urgent matter that is brought or that could be brought against the AVS HARDWARE.

Without prejudice to that set out in the first paragraph of this Clause 3.2.3., the CUSTOMER, in the manner established by the legislation applicable to each particular case, shall formally and irrefutably inform all third parties that file or intend to file such actions against the AVS HARDWARE that said equipment is the property of AVS and that the CUSTOMER is in possession of the same under lease.

3.2.4. At the end of the contract, the CUSTOMER shall return to AVS the AVS HARDWARE received or acquired for the residual price set at the start of the lease, in good condition.

3.2.5. AVS reserves the right not to deliver or request the return of the AVS HARDWARE to which this Clause 3.2. refers in the event of breach by the CUSTOMER of any of the obligations they have assumed in relation to the same.

3.3. Other additional obligations of the CUSTOMER in those cases where installations must be performed on the CUSTOMER’S premises by the staff authorised by AVS.

When, due to the characteristics of the TELECOMMUNICATIONS PRODUCT contracted, the CUSTOMER must carry out and have installations at their domicile or on their premises for the adequate or correct operation of appliances, devices, routers, equipment and/or any other type of HARDWARE and receive the ELECTRONIC COMMUNICATIONS SERVICES through them furnished, provided, supplied, offered and/or made available by AVS, the CUSTOMER shall, in addition to any others established in general, have the obligations set out below in this Clause 3.3. and/or those arising from these GTC and/or the ANNEX entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”.

3.3.1. The CUSTOMER shall, prior to signing, formalising and/or subscribing the CONTRACT with AVS, have the necessary infrastructure to permit the execution of the installation.

For the purposes of that set out in the first paragraph of this Clause 3.3.1., necessary infrastructure means having a technical ceiling or floor, network connection points, electrical connection points, racks and other elements necessary to enable the appliances, devices, routers, equipment and/or any other HARDWARE through which the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied and/or made available by AVS are to be received to be connected, installed and/or programmed without the need to execute any work at the domicile and/or on the premises of the CUSTOMER.

3.3.2. The CUSTOMER shall, in return for those connections, installations and/or programming operations that need to be executed by the staff authorised by AVS, pay the amount of the respective invoice for the work executed.

3.3.3. The CUSTOMER shall allow the staff authorised by AVS to enter and access the domicile and/or premises of the CUSTOMER where the connection, installation and/or programming or assembly of the equipment are to be made as well as their maintenance and/or replacement, dismantling and removal, as necessary.

3.4. Other additional obligations of the CUSTOMER in those cases in which they have contracted the provision of MOBILE ELECTRONIC COMMUNICATIONS SERVICES (voice and data traffic) through the PREPAID CARD system.

When the CUSTOMER has contracted with AVS the reception of MOBILE ELECTRONIC COMMUNICATIONS SERVICES (VOICE AND DATA) through the PREPAID CARD system, the CUSTOMER shall, in addition to any others established in general, have the obligations set out below in this Clause 3.4. and/or those arising from these GTC and/or the ANNEX entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”.

  1. CUSTOMER’S RIGHTS

4.1. Generic rights of the CUSTOMER signing a CONTRACT for the reception of ELECTRONIC COMMUNICATIONS SERVICES with AVS.

In addition to any other rights set out in the CONTRACT for the provision/reception of ELECTRONIC COMMUNICATIONS SERVICES signed with AVS, in these GTC, in the Annex entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS” and/or in the legal or regulatory provisions applicable at each time, the CUSTOMER has the following rights:

4.1.1. To the free choice and acquisition in the market of any appliances, devices, routers, equipment, terminals and in general, any electronic and/or computer HARDWARE suitable for the reception of the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS.

4.1.2. To receive from AVS the effective provision of the ELECTRONIC COMMUNICATIONS SERVICES contracted pursuant to the terms, with the scope, the quality standards and limits offered by AVS or in the absence thereof, in the best possible conditions based on the current state of technology at each time and/or the geographical location in which they must effectively be received by the CUSTOMER.

4.1.3. To extend, reduce and change the content, scope and/or limits of the ELECTRONIC COMMUNICATIONS SERVICES contracted in full or in part at any time during the contract term, unilaterally and without having to provide justification or pay any penalty sum whatsoever for doing so, with the ensuing modification of the CONTRACT and appropriate in prices, pursuant to the AVS PRICE LISTS.

4.1.4. To terminate the CONTRACT pursuant to which the CUSTOMER receives the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided and/or supplied by AVS at any time, unilaterally and without having to provide justification or pay any penalty sum whatsoever for doing so, unless a minimum permanence period for the service is specified in the contract.

4.1.5. To unilaterally request at any time, without having to provide justification or pay any penalty sum whatsoever for doing so, the change or portability to another operator (migration) for all or some of the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided and/or supplied by AVS so that they can be provided by that new operator.

When the exercise of the right set out in the first paragraph of this Clause 4.1.5. refers to a change in operator for the provision of VOICE TRAFFIC SERVICES, the CUSTOMER shall have the right to keep the same telephone number unless this is not possible for strictly technological reasons.

4.1.6. Exercise of the rights referred to in Clauses 4.1.3., 4.1.4. and 4.1.5. shall be done by writing to AVS and clearly, expressly and explicitly stating the claim of the CUSTOMER to carry out the modification, cancellation and/or change in operator.

Except in cases of force majeure or for causes attributable to the CUSTOMER, the modification or effective cancellation of the ELECTRONIC COMMUNICATIONS SERVICES or, as applicable, changes in operator shall be made by AVS within the legally-established term and said term shall start from the day on which the CUSTOMER formalises the request or, as applicable, from the date on which they accredit their identity by means of a document pursuant to Clause 16.

Notwithstanding the provisions of the first paragraphs of Clauses 4.1.3., 4.1.4. and 4.1.5.,when the CONTRACT for the provision of ELECTRONIC COMMUNICATIONS SERVICES that is to be modified, cancelled or in which a change of operator is to be made is bound to an obligation of permanence arising from the delivery and/or finance of any HARDWARE and/or the execution of installations at the domicile or on the premises of the CUSTOMER, or if this is validly set out in the CONTRACT and/or the ANNEX entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”, the novation or unilateral cancellation of the CONTRACT by the CUSTOMER or the request for a change in operator shall include the obligation of the CUSTOMER to pay AVS the penalty fee previously determined for those deliveries, installations or causes recorded for each specific case.

4.1.7. To contact the Telephone Customer Support Service (AVS TCSS) at the telephone number set out in Clause 17.1.1. for all queries and/ or to request information related to the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS.

4.1.8. Pursuant to Clause 13.1., to contact the AVS TCSS at the AVS TCSS number and during the same customer service times to request all manner of technical assistance and/or solving of issues related to the contracted ELECTRONIC COMMUNICATIONS SERVICES furnished, provided and/or supplied by AVS.

For each technical assistance request, AVS shall open a file to which a reference or a unique identification number shall be assigned which shall be notified to the CUSTOMER to enable them to monitor the incident by calling that number until it has been resolved in full.

Without prejudice to the monitoring carried out by the CUSTOMER in accordance with the terms of the second paragraph of this Clause 4.1.8. in relation to incidents with regard to which technical assistance has been requested, AVS shall keep the CUSTOMER informed about the situation, the progress made in resolving the incident and the final resolution thereof.

4.1.9 Pursuant to the provisions of Clause 13.2., to formulate any claims and/or complaints they consider appropriate for all issues related to the CONTRACT signed with AVS and/or arising from the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS.

4.1.10. In the event of the temporary interruption of the ELECTRONIC COMMUNICATIONS SERVICES contracted with AVS, to request and receive the compensation and, as applicable, redress for damages set out in Clause 13.3. or, in the absence thereof, that determined by current law at each time.

4.1.11. To inform AVS of their wish and decision not to include their data in the guides that provide the public with information about names, surnames and telephone numbers assigned to ELECTRONIC COMMUNICATIONS SERVICE CUSTOMERS.

4.1.12. To select, from among those set out in the ELECTRONIC COMMUNICATIONS SERVICE CONTRACT to be signed pursuant to the terms of Clause 3.1.12. the method for paying the invoices issued by AVS to which Clause 9 refers.

4.2. All additional rights that correspond to the CUSTOMER in those cases in which appliances, devices, routers, equipment, computer and/or electronic terminals and in general, any type of HARDWARE belonging to AVS are supplied.

When, regardless of the TELECOMMUNICATIONS PRODUCT contracted, the CUSTOMER receives any related electronic and/or computer HARDWARE that is the property of AVS pursuant to the terms of Clause 3.2., the CUSTOMER shall have the following rights, in addition to any other rights that may be established in general:

4.2.1. The right to purchase or return the AVS HARDWARE at the end of the lease and/or at any time during the term of the lease.

4.3. Other rights that correspond to the CUSTOMER in those cases in which they have contracted TELEPHONE or VOICE TRAFFIC services.

When, regardless of the TELECOMMUNICATIONS PRODUCT contracted, the CUSTOMER receives from AVS ELECTRONIC COMMUNICATIONS SERVICES consisting of TELEPHONE or VOICE TRAFFIC the CUSTOMER shall have the following rights in addition to any other rights that may be established in general.

4.3.1. To request and receive from AVS the connection to and/or disconnection for PREMIUM and INTERNATIONAL CALLS SERVICES at no cost.

4.3.2. All communications sent by the CUSTOMER for the connection and/or disconnection of the SERVICES set out in Clause 4.3.1. shall be in keeping with the provisions set out in Clause 17.

4.3.3. AVS has a period of no more than ten (10) days to make the connection/disconnection requested by the CUSTOMER in relation to the PREMIUM and/or INTERNATIONAL CALLS SERVICES.

The term to which the first paragraph of this Clause 4.3.3. refers shall start on the date when the CUSTOMER formalises the request pursuant to the terms of Clause 17, or as applicable, from the date on which they accredit their identity by means of a document, pursuant to the Clause 17.

4.3.4. The CUSTOMER shall be solely responsible for payment of all charges incurred in the use, consumption and/or the availability of the PREMIUM and/or INTERNATIONAL CALLS SERVICES during the ten (10) day period described in Clause 4.3.3.

4.3.5. If, once the ten (10) days set out in Clause 4.3.4. have passed, AVS has not made the disconnection related to the PREMIUM and INTERNATIONAL CALLS SERVICES, all costs incurred in using, consuming and/or the availability of those SERVICES shall be paid by the latter.

4.3.6. Notwithstanding the provisions of Clause 4.3.5., the CUSTOMER shall pay all costs for the use, consumption and/or availability of the aforementioned PREMIUM and INTERNATIONAL CALLS SERVICES if the delay of more than ten (10) days in making the disconnection of said services is the fault of the CUSTOMER.

4.4. Other rights that correspond to the CUSTOMER in those cases in which they have contracted TELEPHONE or VOICE TRAFFIC SERVICES AT A FIXED LOCATION.

When, regardless of the TELECOMMUNICATIONS PRODUCT contracted, the CUSTOMER receives from AVS ELECTRONIC COMMUNICATIONS SERVICES consisting of TELEPHONE or VOICE TRAFFIC SERVICES at a FIXED LOCATION or a LANDLINE, the CUSTOMER shall have the rights set out in this Clause 4.4., in addition to any other rights that may be established in general.

4.4.1. To request and receive from AVS, insofar as the current and/or available state of technology in their location allows the restriction or blocking of incoming calls for the telephone numbers they designate.

4.4.2. To maintain and keep, under the terms and within the legal limits, the telephone number assigned to them when they exercise their right to change the operator set out in Clause 4.1.5.

4.5. Other rights that correspond to the CUSTOMER in those cases in which they have contracted VOICE AND DATA TRAFFIC ELECTRONIC COMMUNICATIONS SERVICES through a MOBILE PHONE.

When, regardless of the TELECOMMUNICATIONS PRODUCT contracted, the CUSTOMER receives from AVS ELECTRONIC COMMUNICATIONS SERVICES consisting of VOICE AND DATA TRAFFIC through a MOBILE PHONE, the CUSTOMER shall have the rights set out below in this Clause 4.5., in addition to any other rights that may be established in general.

4.5.1. To request and receive, for the price established in the PRICES and RATES of the AVS PRODUCTS AND SERVICES and within five (5) calendar days after signing or formalising the CONTRACT for the provision/reception of ELECTRONIC COMMUNICATIONS SERVICES through a MOBILE PHONE, the AVS SIM card in order to receive the provision of the ELECTRONIC COMMUNICATIONS SERVICE through a MOBILE PHONE terminal.

To obtain a new AVS SIM CARD, within the same period of five (5) calendar days after formulating the request through any of the channels set out in Clause 17 and for the price established in the PRICES and RATES of the AVS PRODUCTS AND SERVICES.

The issuance and delivery of an AVS SIM CARD after the period referred to in the first paragraph of this Clause 4.5.1. shall lead to the cancellation and disqualification of any previously-existing AVS SIM CARD linked to the same telephone number.

4.5.2. To request and receive, at no cost, the temporary interruption or suspension of the ELECTRONIC COMMUNICATIONS SERVICES received by MOBILE PHONE or, as applicable, the cancellation of the operative AVS SIM CARD in the event of the reporting of the theft, loss or robbery or fraudulent use of the mobile phone terminal or the AVS SIM CARD or cloning thereof and in general, merely at the will of the CUSTOMER.

All communications made by the CUSTOMER for any of the purposes set out in the first paragraph of this Clause 4.4.2. shall comply with the terms of Clause 17.

The CUSTOMER shall pay all amounts owed for the consumption, use and/or availability of the ELECTRONIC COMMUNICATIONS SERVICES received by MOBILE PHONE prior to the time of formalising the request to interrupt or suspend the SERVICES or the cancellation of the AVS SIM CARD.

In the cases set out in the first paragraph of this Clause 4.4.2. the CUSTOMER shall have no right to a reduction in the price of the respective voice proportional to the time of the interruption or suspension of the SERVICES or until the AVS SIM CARD is replaced with a new one.

4.5.3. To request and receive, at no cost and under the terms set out in Clause 4.3., the disconnection of the INTERNATIONAL ROAMING SERVICES FOR MOBILE PHONE VOICE and DATA TRAFFIC.

4.5.4. To request and receive, at no cost, the connection of the INTERNATIONAL ROAMING SERVICES FOR MOBILE PHONE VOICE and DATA TRAFFIC.

4.5.5. To maintain and keep, under the terms and within the legal limits, the telephone number assigned to them when they exercise their right to change the operator set out in Clause 4.1.5.

  1. OBLIGATIONS OF AVS

5.1. Generic obligations

In addition to those that correspond to the rights of the CUSTOMER in accordance with the provisions of these GTC and/or arising from the CONTRACT and/or the ANNEX entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVSA” or stipulated by current law, AVS assumes the following obligations:

5.1.1. To provide the ELECTRONIC COMMUNICATIONS SERVICES contracted by the CUSTOMER under the agreed terms and conditions and with the scope, limits and standards of quality offered or, in the absence thereof, with the highest possible standards pursuant to the technological circumstances existing in the market and the geographical location in which they must be furnished, provided, supplied and/or made available with the limits established by current law at each time.

5.1.2. To have a duly specialised “Telephone Customer Support Service” (AVS TCSS) in place under the terms set out in Clause 13.1., to effectively and efficiently deal with all queries, requests, complaints, claims and other consultations related to the CONTRACT for the PROVISION OF ELECTRONIC COMMUNICATIONS SERVICES agreed with the CUSTOMER or to the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS.

5.1.3. To have a Technical Assistance Service (AVS TAS) in place under the terms foreseen in Clauses 13.2. and 13.3. to deal with, resolve and repair, within the shortest possible time, any failure, malfunction or problem that might be reported by the CUSTOMER when those circumstances are due to a cause attributable to AVS.

When the service failure or malfunction is due to a cause NOT attributable to AVS, the latter is nonetheless obliged to take action and intervene with the greatest urgency and diligence in order to solve the problem.

5.1.4. To provide the CUSTOMER with all information requested by the latter in relation to the CONTRACT, the applicable GTC, the PRICES AND RATES of the AVS PRODUCTS AND SERVICES, the invoices and charges billed to the CUSTOMER, the TELECOMMUNICATIONS SERVICES furnished, provided, supplied and/or made available by AVS and any changes that may be of interest to the CUSTOMER.

5.1.5. To have the necessary technical and human resources to enable AVS to provide the SERVICES and the CUSTOMER to exercise their rights pursuant to the terms set out in the CONTRACT, in these GTC or in accordance with the current legal provisions in force at each time.

5.2. Other additional obligations that must be fulfilled by AVS in those cases in which it provides TELECOMMUNICATIONS SERVICES by MOBILE PHONE.

When, regardless of the TELECOMMUNICATIONS PRODUCT furnished, provided, supplied and/or made available to the CUSTOMER by AVS, the CUSTOMER receives ELECTRONIC COMMUNICATIONS SERVICES by MOBILE PHONE, AVS shall have the following obligations, in addition to any obligations that are established in general.

5.2.1. To send the CUSTOMER, at the cost set out in the AVS PRICES AND RATES and within a period of no more than five (5) calendar days after the request, the SIM CARD to allow the CUSTOMER to receive the contracted SERVICE.

5.2.2. To send the CUSTOMER, at the cost set out in the AVS PRICES AND RATES and within a period of no more than five (5) calendar days after the request, a duplicate of the SIM CARD.

In the case of requesting a duplicate of the SIM CARD pursuant to that set out in the first paragraph of this Clause 5.2.2., AVS reserves the right to request documentation accrediting and justifying the identity of the CUSTOMER as the petitioner and the legitimacy of the request formulated.

The activation of a duplicate SIM CARD for the CUSTOMER shall automatically and simultaneously cancel and completely invalidate the previous SIM CARD.

5.2.3. To immediately suspend the operability of the SIM CARD and/or an associated telephone number in the event that the CUSTOMER reports the duly-accredited theft, loss or robbery of the telephone terminal, the cloning of the card or any other cause or circumstance that justifies the need for such measures.

For the purposes of that set out in the first paragraph of this Clause 5.2.3., AVS may request all the documents and written proof it deems necessary to guarantee and ensure the identity of the CUSTOMER and the legitimacy of the request.

The CUSTOMER shall not be released from their obligation to pay the corresponding amounts for using the MOBILE TELEPHONE SERVICES up to the time of sending AVS the request to suspend the operability of the SIM CARD due to any of the causes set out in the first paragraph of this Clause 5.2.3. or, as the case may be, up to the time of presenting the accreditations set out in the second paragraph of this Clause.

When, in the cases foreseen in this Clause, the CUSTOMER makes another SIM CARD request and/or reactivates the SERVICE, the procedure set out in these Clauses 5.2.1. and 5.2.2. shall be followed.

5.3. Other obligations that must be fulfilled by AVS in those cases in which the CUSTOMER has activated the authorisation to connect to PREMIUM SERVICES and/or making INTERNATIONAL CALLS.

5.3.1. In those cases in which pursuant to the terms of Clause 4.3., the CUSTOMER has requested AVS and obtained authorisation to connect to the PREMIUM SERVICES and/or make international calls, AVS shall inform the CUSTOMER of their right to receive the disconnection from those SERVICES at no cost.

5.3.2. The notification to which Clause 5.3.1. refers shall be made at least on a six-monthly basis through the inclusion of that right in the invoice or charge document issued to the CUSTOMER by AVS.

  1. RIGHTS OF AVS

6.1. Generic rights

In addition to those that may naturally be considered correlative to the obligations of the CUSTOMER in accordance with the provisions of these GTC, in the CONTRACT and in the ANNEX entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVSA” and/or those stipulated by current law, AVS shall have the following rights:

6.1.1. To promptly collect the amount of the invoices issued for the TELECOMMUNICATIONS SERVICES furnished, provided, supplied and/or made available to the CUSTOMER.

6.1.2. To communicate the data of CUSTOMERS who breach their economic obligations arising from the CONTRACT to defaulting debtor databases and registers.

6.1.3. To totally or partially suspend, temporarily or permanently, the provision of the TELECOMMUNICATIONS SERVICES subject to the terms set out in Clause 12 if the CUSTOMER fails to promptly pay the full amount of the invoice duly issued by AVS.

6.1.4. To temporarily or permanently suspend the provision of the TELECOMMUNICATIONS SERVICES if the CUSTOMER fails to honour their obligation to send the original document described in Clause 3.1.12.

6.1.5. When the SERVICE for which the guarantee or surety referred to in said Clause is for VOICE TRAFFIC OR TELEPHONE AT A FIXED LOCATION, AVS may only request said surety when it is contracted or at any time during the contract, if any of the following events occur:

6.1.5.a. If, in relation to the service requested, the CUSTOMER is or has been a previous CUSTOMER of the same VOICE TRAFFIC SERVICE AT A FIXED LOCATION and has failed to pay one or more bills, and for only as long as the default situation lasts.

6.1.5.b. If the CUSTOMER has debts for one or more contracts, whether or not in force at that time, and/or repeatedly delays payment of the bills and/or invoices that correspond to those contracts.

6.1.5.c. In all other cases in which AVS is authorised to request the guarantees in question, subject to authorisation by the competent administrative authority.

6.1.6. To record the telephone calls made to AVS TCSS by CUSTOMERS in the case that they have any of the purposes set out in Clauses 4.1.3., 4.1.4., 4.1.5., 4.1.6., 4.1.7., 4.1.8., 4.1.9., 4.1.10. and 4.1.11.

6.2. Other rights that correspond to AVS in those cases in which it has delivered to the CUSTOMER appliances, devices, routers, equipment, computer and/or electronic terminals and in general, any type of HARDWARE belonging to AVS.

6.2.1. To receive compensation from the CUSTOMER for damages sustained by the above equipment.

6.2.2. To recover the AVS HARDWARE in those cases in which this is necessary due to breach or termination of the contractual relationship.

  1. LIST OF ROAMING TELECOMMUNICATIONS SERVICES IN THE EUROPEAN UNION FROM 15 JUNE 2017

The elimination of surcharges for roaming was eliminated starting on 15 June 2017. This regulation applies only to the 28 EU countries. Users of telephone and Internet services on mobile phones from that date may travel in the EU using the same rate they have contracted with AVS in their country of origin for those services (domestic rate).

  1. AVS PRICES AND RATES FOR THE FURNISHING, PROVISION AND/OR SUPPLY OF ELECTRONIC COMMUNICATIONS SERVICES

8.1. AVS makes available to the CUSTOMER, through its website www.astroline.es/tarifas, detailed information about its RATES, with the prices, quotas and vouchers and/or minimum volumes applicable to each of the TELECOMMUNICATIONS SERVICES and SERVICE PACKS it provides.

AVS also provides to the CUSTOMER, through the same website, www.astroline.es/tarifas, detailed information about the RATES with the prices for roaming of VOICE and/or DATA TRAFFIC when the CUSTOMER makes or receives calls or sends or receives text messages (SMS) or uses DATA TRAFFIC services outside Spain, in all cases making use of the AVS TELECOMMUNICATIONS SERVICES.

8.2. The prices, quotas, vouchers and as applicable, minimum volumes of the TELECOMMUNICATIONS SERVICES furnished, provided, supplied and/or made available by AVS to the CUSTOMER shall be those shown in each case in the RATES published on the website referred to in Clause 8.1. of these GTC, with the characteristics and particularities shown in the CONTRACT for the specific TELECOMMUNICATIONS SERVICE or SERVICE PACK subscribed, which are valid at the time of signing the contract.

8.3. Unless expressly specified to the contrary in the RATES published on the website www.astroline.es/tarifas, it is considered that the prices quotas, vouchers and/or minimum volumes of the TELECOMMUNICATIONS SERVICES are accrued and payable monthly by calendar months with periods less than one full month prorated by days and considering the day on which the CONTRACT is signed as a full day.

8.4. The prices, quotas, vouchers and/or minimum volumes of the ELECTRONIC TELECOMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS to the CONSUMER shall be increased by the applicable taxes, rates and other charges in accordance with the current legislation in force at each time.

In all cases, the CUSTOMER shall be responsible for paying all taxes, rates, costs and other surcharges applied to the price for the provision, furnishing, supply and/or availability of the TELECOMMUNICATIONS SERVICES.

8.5. The prices, quotas, vouchers and/or minimum volumes may be modified by AVS at any time.

When the modification of the prices, quotas, vouchers and/or minimum volumes represents an increase in the same, AVS shall notify the CUSTOMER of its decision to increase the prices, with a minimum term of thirty (30) calendar days between said notification and the date on which the increase becomes effective.

In these same cases, the CUSTOMER may terminate the CONTRACT within the term set out above with the sole obligation of informing AVS through any means that provides a written record.

  1. BILLING OF SERVICES

9.1. AVS shall bill the CUSTOMER every month for the amounts owed by the latter for the consumption, use or availability of the ELECTRONIC TELECOMMUNICATIONS SERVICES furnished, provided and/or supplied by AVS.

9.2. The above billing shall be monthly and shall be issued at the end of each calendar month, for the ELECTRONIC COMMUNICATIONS SERVICES effectively consumed, used and/or made available to the CUSTOMER during the calendar month immediately prior to the time of the billing.

Notwithstanding the provisions of the first paragraph of this Clause 9.2., AVS shall have a maximum term of three (3) months from the date of the consumption, utilisation, use and/or availability of the TELECOMMUNICATIONS SERVICES to issue the invoice corresponding to said services.

9.3. The invoices mentioned in Clauses 9.1. and 9.2. shall be issued on electronic media and in Perfect Document Format (PDF) and shall either be sent to the CUSTOMER by email to the address given to AVS so that they can be printed out or downloaded to a PC, a digital tablet or a Smartphone.

9.4. AVS shall send the respective invoices to the CUSTOMER on electronic media. The Electronic Invoices issued by AVS meet all the requirements in terms of the invoice eligibility, authentication of origin and the integrity of the contents of the invoice. Copies of said invoices shall be kept for the term stipulated in Act 58/2003, of 17 December (General Tax Act).

9.5. The invoices shall be prepared by AVS so that the fulfil all the legal requirements and their content includes the amount to be paid by the CUSTOMER to AVS, which in all cases shall be in Euro.

The amount set out in the first paragraph of this Clause 9.5. shall be detailed and broken down into the following concepts:

9.5.1. The charges incurred by the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied and/or made available by AVS to the CUSTOMER and the ELECTRONIC COMMUNICATIONS SERVICES effectively consumed, used and/or utilised by the CUSTOMER, duly detailed and broken down, if there are several and they can be itemised.

9.5.2. The applicable discounts and promotions.

9.5.3. As and when applicable, the compensation and reimbursements that could correspond to the CUSTOMER pursuant to the terms of Clause 13.3.

9.5.4. The applicable taxes.

9.5.5. All other data, details and/or information that may be of interest to the CUSTOMER or are imposed by the current legal provisions in force at each time.

9.6. When, pursuant to the terms of Clause 4.1.12., the CUSTOMER has opted for the direct debit method for payment of the invoices, AVS shall immediately issue a receipt against the bank account designated by the CUSTOMER.

9.7. When, pursuant to the provisions of Clause 4.1.12., the CUSTOMER has opted for the method of paying the amount of the invoice into the account of AVS, the CUSTOMER must pay said amount no later than the 10th (tenth) day of the month when each invoice is received, crediting the amount to the bank account with the IBAN number that appears in the CONTRACT in each case.

In the cases foreseen in the first paragraph of this Clause 9.7. the CUSTOMER shall keep the receipt or proof of payment of the respective invoice and provide AVS with a copy thereof if requested to do so, in the event of a discrepancy between the payment actually made and the payment that should have been made by the CUSTOMER.

9.8. Failure to pay the invoices by the CUSTOMER, no matter how this occurs, (lack of funds or return of the receipt issued against the direct debit account, failure to credit to the account of AVS), shall give rise to the consequence set out in Clause 12 for the CUSTOMER.

  1. NON-USE OF THE SERVICES

10.1. When the ELECTRONIC COMMUNICATIONS SERVICES are furnished or provided by making them available to the CUSTOMER, periodically and for a determined number of minutes, Megabytes and/or any other unit of measure, so that they can be used within a certain period of time, it shall be entirely up to the CUSTOMER to decide whether to use or not use all those SERVICES made available to them during the period in question.

10.2. Notwithstanding the provisions of Clause 10.1., the CUSTOMER shall not accumulate the SERVICES made available to them for subsequent or successive periods and not consumed in each time period for which they were made available to the CUSTOMER.

  1. MAXIMUM STANDARDS OF QUALITY AND AVAILABILITY TIMES OF THE SERVICES

11.1. AVS guarantees that the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available to the CUSTOMER are received by the latter with the quality, scope, limits and in the conditions set out in the commercial offers that gave rise to the contracting thereof, which are set out in the current legal provisions or otherwise in the best possible conditions that are materially possible given the geographical location in which they are to be received and in view of the state of technology.

11.2. AVS also guarantees a MINIMUM AVAILABILITY TIME for the ELECTRONIC TELECOMMUNICATIONS SERVICES furnished, provided, supplied and/or made available to the CUSTOMER.

To all intents and purposes, SERVICE AVAILABILITY TIME means the exact amount of time during which, in a specific measuring period, each particular ELECTRONIC COMMUNICATIONS SERVICE has been effectively placed at the CUSTOMER’S disposal.

Without prejudice to the rights to compensation that correspond to the CUSTOMER pursuant to the terms of Clause 13.3., the minimum availability times for each of the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available to the CUSTOMER by AVS shall be as follows:

11.2.1. LANDLINE/VoIP TELEPHONE SERVICE: 99.90 % (ninety-nine point nine percent)

11.2.2. INTERNET ACCESS SERVICE: 99.80 % (ninety-nine point eight percent)

11.2.3. MOBILE PHONE TELEPHONE AND DATA TRAFFIC SERVICE: 99.60 % (ninety-nine point six percent)

All the minimum SERVICE availability times are calculated with respect to measuring periods of one full year which shall start to be counted from the moment when AVS starts to provide each SERVICE that is measured.

In calculating the time during which the CUSTOMER has not received the SERVICE, delays due to force majeure events, causes attributable to the CUSTOMER (lack of location, impossibility of access to their domicile or premises if it is necessary to restore the SERVICE) or causes attributable to third parties shall not count.

11.3. The guarantees to which this Clause 11. refers shall not apply if, in order to receive the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied and/or made available by AVS, the CUSTOMER uses appliances, devices, routers, equipment, terminals and in general, any other type of HARDWARE that is not duly approved and/or is unsuitable for this purpose.

  1. PROVISIONAL SUSPENSION AND DEFINITIVE SUSPENSION OF THE SERVICES

12.1. If the CUSTOMER fails to promptly pay the amount, in full or in part, of any of the bank charges or invoices issued or sent to them by AVS for the SERVICES furnished, provided, supplied, offered and/or made available and/or for the lease of the AVS HARDWARE, AVS may restrict and/or provisionally, temporarily or permanently suspend the provision of the SERVICES affected by the failure to pay the contract signed with the CUSTOMER pursuant to the terms of this Clause.

The same shall occur if the CUSTOMER returns any receipt issued by AVS for the same reasons as those expressed in the preceding paragraph.

12.2. AVS shall temporarily or provisionally suspend the VOICE or TELEPHONE TRAFFIC SERVICE AT A FIXED LOCATION pursuant to the following rules:

12.2.1. AVS may not provisionally suspend the TELEPHONE SERVICE AT A FIXED LOCATION until at least one (1) month has passed since the date on which the respective bill was presented to the CUSTOMER without it being paid in part or in full.

12.2.2. Before provisionally suspending the TELEPHONE SERVICE AT A FIXED LOCATION, AVS shall inform the CUSTOMER, using any of the methods set out in Clause 17., of the suspension measure and the date on which it shall be effective.

12.2.3. When the non-payment of the invoice refers only to non-payment of the PREMIUM SERVICES, other premium services and/or INTERNET ACCESS and this has been explicitly and expressly notified by the CUSTOMER, AVS may only provisionally or permanently suspend the SERVICES affected by the non-payment.

12.2.4. From the moment when AVS provisionally suspends the VOICE or TELEPHONE TRAFFIC SERVICE FROM A FIXED LOCATION, the CUSTOMER may make emergency calls but not reverse charge calls.

12.2.5. The provisional suspension of the TELEPHONE SERVICE AT A FIXED LOCATION shall end upon payment by the CUSTOMER of all amounts owed to date or upon the permanent suspension of the SERVICE when the CUSTOMER has not paid the debt owed to AVS within three (3) months of the provisional suspension date.

12.2.6. AVS shall reactive the SERVICE within 48 (forty-eight) hours after the date on which the debt that led to the suspension is settled in full.

12.3. AVS shall temporarily or provisionally suspend the other SERVICES pursuant to the rules set out in Clause 12.2. with the exception that the one (1)-month term set out in Clause 12.2.1. shall be five (5) calendar days, in the case of the other SERVICES. Said term shall be reduced to 2 (two) calendar days if AVS is contact the CUSTOMER by telephone to warn them of the default.

When the temporary suspension due to non-payment affects the VOICE TRAFFIC SERVICE FROM A MOBILE PHONE, the CUSTOMER shall still be able to receive calls and make emergency calls, but not reverse charge calls.

12.4. AVS shall permanently suspend the VOICE or TELEPHONE TRAFFIC SERVICE AT A FIXED LOCATION pursuant to the following rules:

12.4.1. AVS may only permanently suspend the VOICE or TELEPHONE TRAFFIC SERVICE AT A FIXED LOCATION when at least three (3) months have passed from the date when the SERVICE was provisionally or temporarily suspended and the CUSTOMER has not paid the full amount of the debt owed to AVS.

12.4.2. AVS may permanently suspend the VOICE or TELEPHONE TRAFFIC SERVICE AT A FIXED LOCATION even if the three (3)-month period set out in Clause 12.4.1. has not passed if the same SERVICE was previously suspended for that CUSTOMER due to delinquency or default..

12.4.3. Before permanently suspending the TELEPHONE SERVICE AT A FIXED LOCATION, AVS shall inform the CUSTOMER, using any of the methods set out in Clause 17., of the suspension measure and the date on which it shall be effective.

12.5. AVS shall permanently suspend the other SERVICES pursuant to the rules set out in Clause 12.4. with the exception that the three (3)-month term set out in Clause 13.4.1. shall be one (1) calendar day, in the case of the other SERVICES.

12.6. Without prejudice to the provisions of this Clause 12, AVS may also suspend the provision of the SERVICES if the CUSTOMER has not fulfilled their obligation to complete, sign and send the original SEPA ORDER document in those cases in which the CUSTOMER has opted to pay the bills through the direct debit system.

The suspension for this cause may continue until the CUSTOMER fulfils their obligation to send AVS the duly signed and completed SEPA ORDER document.

12.7. The CUSTOMER may request and obtain from AVS, at no cost, the suspension of the VOICE OR TELEPHONE TRAFFIC SERVICE AT A FIXED LOCATION for a period of no less than one (1) month and no more than three (3) months.

The voluntary suspension period shall in no case exceed ninety (90) days per calendar year.

During the suspension period, AVS shall deduct fifty per cent (50 %) of the amount of the quotas for the VOICE OR TELEPHONE TRAFFIC SERVICE AT A FIXED LOCATION.

12.8. The CUSTOMER shall be entitled to terminate the Contract at any time by sending by email a duly-signed notice of termination along with a copy of their National Identity Document or equivalent proof of identity to administración@astroline.es. They may also send the above document by fax or by post with acknowledgement of receipt to the address set out in Clause 3.1.12. The contract may also be terminated due to general causes of contract termination (expiry of the foreseen term, breach, etc.) at the wish of the CUSTOMER. For this purpose the CUSTOMER shall inform AVS at least two calendar days before the date when the cancellation comes into effect.

If the CUSTOMER does not request to keep the number, the Contract termination on any grounds may give rise to the loss of the number assigned within one month of the contract termination date

Requests for the cancellation of a landline, mobile phone or Internet contract are regulated by the provisions of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Consumers and Users Defence Act and other complementary laws and in Royal Decree 899/2009 of 22 May, approving the Charter of Rights of the User of Electronic Communications Services.

  1. TECHNICAL ASSISTANCE COMPLAINTS AND CLAIMS COMPENSATION FOR THE TEMPORARY INTERRUPTION OF THE SERVICES

Technical Assistance.

13.1. Pursuant to the provisions of Clause 4.1.8., the CUSTOMER may contact the AVS TCSS by phone to request all manner of help, technical assistance and/or resolution of problems related to the anomalous, faulty and/or incorrect operation of the ELECTRONIC COMMUNICATIONS SERVICES, deficiencies in their quality and/or quantity levels, interruptions in supply and/or any other issues of a similar nature.

When the CUSTOMER contacts the AVS TCSS to request assistance or the technical resolution of problems related to the anomalous, faulty and/or incorrect operation of the ELECTRONIC COMMUNICATIONS SERVICES, deficiencies in their quality and/or quantity levels, interruptions in supply and/or any other issues of a similar nature AVS shall proceed to resolve them in any of the following ways:

13.1.1. In those cases in which, due to the nature of the help, assistance or technical resolution of problems/incidents (equipment configuration, remote checks, etc.) it is possible to resolve them during the communication with the CUSTOMER, AVS shall proceed to resolve the incident in question to the full satisfaction of the CUSTOMER.

In the cases foreseen in the first paragraph of this Clause 13.1.1., the AVS TCSS shall take note of, record, save and correctly file all incidents formulated by the CUSTOMER and generate a record of the data identifying the same, the SERVICE affected, the date and time of the call, the content of the incident and the manner in which it was resolved.

13.1.2. In those cases in which, due to the nature of the help, assistance or technical resolution of problems or incidents (problems related to connections, interconnections with third-party operators, the need to perform “on-site” checks or with third-party providers, the need to replace appliances, devices, equipment, terminals, parts and connections), it is impossible to resolve them during the communication, AVS shall open an incident file for each request for help, assistance or the technical resolution of problems received, to which a unique reference or identification number shall be assigned, which shall be notified to the CUSTOMER so that they can monitor said incident until its complete resolution to their total satisfaction.

Without prejudice to the monitoring carried out by the CUSTOMER in accordance with the terms of the second paragraph of this Clause 13.1.2. in relation to incidents with regard to which technical assistance has been requested, AVS shall keep the CUSTOMER informed about the situation, the progress made in resolving the incident and the final resolution thereof.

13.1.3. When, in order to resolve an incident or problem, it is necessary to provide technical assistance at the domicile and/or on the premises where the equipment or installations giving rise to the incident or problem are located, AVS shall send a technician to that site with specialised knowledge for the “on-site” resolution of the incident or problem.

In the cases foreseen in the first paragraph of this Clause 13.1.3., the CUSTOMER shall not allow any person who is not duly accredited as a technician or an employee of AVS to enter their premises.

In the cases set out in the first paragraph of this Clause 13.1.3., AVS shall resolve the technical incidents or problems no later than five (5) calendar days after the day on which the technical incident or problem was reported.

The term referred to in the above section of this Clause shall be interrupted due to events of force majeure and/or causes attributable to the CUSTOMER (failure to locate them, blocking of access to their domicile or premises, etc.) or a third party (when it is necessary to enter through their property) and shall start again once the cause of the interruption has disappeared.

13.1.4. When, in order to resolve incidents or problems, no technical assistance is necessary at the domicile and/or on the premises of the CUSTOMER, AVS shall deal with the technical incidents or problems remotely within a period of no more than eight (8) hours from the time when the technical incident or problem was reported.

13.1.5. Under no circumstances shall AVS resolve any incidents or problems that require or consist of the repair and/or replacement of appliances, devices, routers, equipment, terminals and any other HARDWARE not approved by and/or unrelated to AVS used by the CUSTOMER or any of the parts thereof.

The times and terms available to AVS for resolving technical incidents and problems pursuant to these GTC shall not apply when those problems and/or incidents are due to causes attributable to appliances, devices, routers, equipment, terminals and in general, to any HARDWARE used by the CUSTOMER and/or events and/or acts attributable to the CUSTOMER.

13.1.6. When, in order to resolve incidents or problems, it is necessary to receive the cooperation and/or presence of third party operators, AVS, acting on its own behalf and as the agent of the CUSTOMER, shall perform all the activities that are necessary to resolve the incident or problem in full.

13.1.7. AVS shall not be responsible for delays in the resolution of technical incidents and problems if they are caused by third-party operators and/or by the actions and/or decisions of public authorities or judicial bodies.

Complaints and Claims Procedure for setting disputes

13.2. The CUSTOMER may file any complaint and/or claim they consider appropriate against AVS, in relation to the CONTRACT agreed with the latter, the price, the billing, these GTC, the specific characteristics of the SERVICES, their faulty reception, the lack of quality or poor quality of the same, interruptions, disconnections and any other incidents or issues related to said SERVICES.

13.2.1. For the purposes of exercising the rights to which this Clause refers, the CUSTOMER may file a complaint or claim through any of the channels referred to in Clause 17.

13.2.2. AVS has the right not to accept any complaints or claims which, due to not being accompanied by the respective documentation accrediting that the claimant is the CUSTOMER or lacking documentary accreditation that the claimant is duly authorised by the CUSTOMER, may entail a violation of the current personal data protection laws.

13.2.3. AVS shall not process any complaint or claims presented more than one (1) month after the occurrence of the events giving rise to the complaint or claim took place or, as applicable the date on which they were known to the CUSTOMER.

13.2.5. AVS shall assign to each complaint or claim a unique reference or identification number which shall be notified to the CUSTOMER so that they can monitor the processing of that incident until its complete resolution to their total satisfaction.

13.2.6. AVS shall respond in writing to the CUSTOMER no later than one (1) month after the date on which the complaint or claim was formulated, responding to each of the issues and points included in said complaint or claim.

To communicate to the CUSTOMER its response with respect to the complaint or claim, AVS shall use the same procedure and/or method as the one used by the former to submit the complaint or claim.

13.2.7. In those cases in which AVS fails to make a decision regarding the complaint or claim formulated within the term set out in Clause 12.5., the CUSTOMER may file an administrative claim pursuant to the terms of Article 4.1. Of Order ITC/1030/2007 of 12 April, or any regulation that may replace it in the future, regulating the procedure for the settlement of disputes between end users and electronic telecommunications service operators and customer service provided by operators.

A CUSTOMER who considers that the decision or response given by AVS to their complaint or claim fails to satisfy their pretensions and/or is contrary to their rights shall have the same power as that set out in the first paragraph of this Clause 13.2.7.

13.2.8. The power referred to in Clause 13.2.7. shall be understood without prejudice to the CUSTOMER’S right to submit any dispute that arises in their relationship with AVS to the Consumer Arbitration Boards and/or the judicial bodies of the ordinary jurisdiction.

Compensation for the temporary interruption of the SERVICES

13.3. Pursuant to the provisions of Clause 4.1.10., in the event of the interruption of the ELECTRONIC COMMUNICATIONS SERVICES, the CUSTOMER shall have the right to the compensation set out in this Clause or that determined by current law at each time.

13.3.1. In those cases in which the CUSTOMER suffers a temporary interruption of the TELEPHONE SERVICE during each calendar month, AVS shall compensate the former with the greater amount of the following two options:

13.3.1.a. The average amount billed by AVS for all the SERVICES affected by the interruption during the three months prior to the interruption, in proportion to the duration of the interruption.

When the TELEPHONE SERVICE affected by the interruption has been provided for less than three months, the calculation referred to in the first paragraph of this Clause 13.3.1.a. shall be made taking into account the average amount of the billing generated by that TELEPHONE SERVICE in each previous complete month or the billing generated in one month estimated in proportion to the effective period of use.

13.3.1.b. Or that resulting from multiplying by five the monthly subscriber fee or equivalent in force at the time of the interruption, prorated in accordance with the duration of the interruption.

13.3.2. In those cases in which the CUSTOMER suffers a temporary interruption in the INTERNET ACCESS SERVICE during each calendar month, AVS shall compensate the former by returning the subscriber fee and other fixed fees, prorated in accordance with the duration of the interruption.

13.3.3. AVS shall compensate the CUSTOMER automatically and without the need for the CUSTOMER to submit a claim and/or request.

13.3.4. AVS shall pay the CUSTOMER the sums referred to in Clauses 13.3.1. and/or 13.3.2., deducting the compensation amount from the invoice of the month following that in which the temporary interruption of the TELEPHONE and/or INTERNET ACCESS SERVICE that gave rise to the right to compensation occurred.

In the invoice where the compensation is itemised, AVS shall expressly state the date, duration, calculation and amount of the compensation that is due to the CUSTOMER.

13.3.5. When the temporary interruption of the TELEPHONE and/or INTERNET ACCESS SERVICE is due to force majeure events, the compensation to be paid by AVS to the CUSTOMER shall be limited to the subscriber fee and other fees, regardless of the traffics, prorated in accordance with the duration of the interruption, and this shall be done in the manner and within the terms set out in Clauses 13.3.3. and 13.3.4.

13.3.6. The compensation amounts referred to in Clauses 13.3.1., 13.3.2. and 13.3.5. shall be independent and shall not apply to claims of liability for damages that could correspond to the CUSTOMER pursuant to current law.

13.3.7. Nonetheless, AVS shall be released from its obligation to pay the CUSTOMER any amount whatsoever for the compensation and/or damages concepts set out in Clauses 13.3.1., 13.3.2., 13.3.5. and 13.3.6. when the temporary interruption of the TELEPHONE and/or INTERNET ACCESS SERVICE is due to any of the following causes:

13.3.7.a. A grave breach by the CUSTOMER of the contractual terms and conditions and in particular, fraud, delay in payment or the return of receipts that could give rise to the temporary suspension and interruption of the SERVICES.

13.3.7.b. Damages caused to the network by the CUSTOMER due to having connected appliances, devices, routers, equipment, terminals and in general, any other HARDWARE not approved for the reception of the TELEPHONE and/or INTERNET ACCESS SERVICES pursuant to current law.

13.3.8. In those cases in which an ELECTRONIC TELECOMMUNICATIONS PRODUCT contracted by the CUSTOMER provides both TELEPHONE and INTERNET ACCESS SERVICES, the following rules shall be used to calculate the compensation amounts set out in Clauses 13.3.1., 13.3.2. and 13.3.5:

13.3.8.a. If, based on the ANNEX entitled “CHARACTERISTICS OF EACH OF THE DIFFERENT ELECTRONIC COMMUNICATIONS PRODUCTS AND SERVICES MARKETED, FURNISHED, PROVIDED, OFFERED, SUPPLIED AND/OR MADE AVAILABLE BY AVS”, the invoices issued by AVS or in any other way, it can be inferred that part of the invoiced amount or price corresponds to each of the SERVICES, then that amount shall be used to calculate the compensation the CUSTOMER is entitled to receive pursuant to Clauses 13.3.1., 13.3.2. and 13.3.5.

13.3.8.b. Alternatively, if, in the event of applying the rule foreseen in Clause 13.3.8.a., it is not possible to calculate the amount of the compensation to which the CUSTOMER is entitled, it shall be held that the price of each SERVICE is proportional to that of its individual contract.

13.3.8.c. Alternatively, if, in the event of applying the rules foreseen in Clauses 13.3.8.a. and 13.1.8.b, it is not possible to calculate the amount of the compensation to which the CUSTOMER is entitled, it shall be held that the price of the INTERNET ACCESS SERVICE is fifty per cent (50 %) of the total price.

13.4. For the purposes of exercising the rights set out in this Clause 13, in relation to Clause 4.1.9. the CUSTOMER may send all communications, notifications complaints and/or claims against AVS by any of the channels set out in Clause 17 in in the terms expressed in said Clause.

  1. SECRECY OF COMMUNICATIONS

14.1. AVS undertakes, with the scope and limits permitted by current technology, to take all the necessary steps to guarantee the secrecy of communications recognised by the Spanish Constitution.

14.2. Notwithstanding the foregoing, AVS shall, pursuant to current law, carry out and/or arrange for Authorised Agents to carry out the interception of the TELECOMMUNICATIONS SERVICES issued and ordered by the competent authorities.

14.3. The CUSTOMER exonerates AVS and releases it from all liability arising from acts that, despite infringing the duty of secrecy and confidentiality of telecommunications, could be carried out by any third party due to gained illegal, illicit, illegitimate and/or fraudulent access to the appliances, devices, equipment and/or computer and/or electronic terminals through which the CUSTOMER receives and/or should receive the ELECTRONIC TELECOMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS and in possession or that should be in possession of the former in their domicile or on their premises or that are or should be under their control and domain (including private and/or public vehicles).

14.4. AVS is likewise exonerated and released from all liability arising from the illegitimate or illegal use by the CUSTOMER of the TELECOMMUNICATIONS SERVICES contracted with and received from AVS.

  1. COMPUTER AND TECHNOLOGICAL SECURITY EXONERATION OF AVS FROM LIABILITY

15.1. The CUSTOMER recognises the material impossibility and inadmissibility of AVS exercising any kind of control over the appliances, devices, equipment and/or computer and/or electronic terminals through which the CUSTOMER receives and/or should receive the ELECTRONIC TELECOMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS and which are or should be in the possession of the CUSTOMER in their domicile or on their premises or which are or should be under their control and domain (including private and/or public vehicles).

Pursuant to the terms of the first paragraph of this Clause 15.1., the CUSTOMER recognises the material impossibility of AVS being able to prevent any kind of fraud or illicit activity that could be committed by the CUSTOMER or by a third party by accessing, without or without their knowledge and consent and/or in an illegitimate, fraudulent or illegal manner the appliances, devices, equipment and/or computer and/or electronic terminals through which the CUSTOMER receives and/or should receive the ELECTRONIC TELECOMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS and which are or should be in the possession of the CUSTOMER in their domicile or on their premises or which are or should be under their control and domain (including private and/or public vehicles).

15.2. Consequently, pursuant to the terms of Clause 15.1., the CUSTOMER is solely responsible for ensuring the adequate security of the appliances, devices, equipment and/or computer and/or electronic terminals through which they receive the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS which are or should be in the possession of the CUSTOMER at their domicile or on their premises or which are or should be under their control and domain (including private and/or public vehicles), and their protection in the event of loss and against theft, robbery, thievery, viruses, intruders, hackers and in general, against any technological aggression or attack.

15.3. The CUSTOMER formally and spontaneously declares that they relieve AVS of all liability arising from the fraudulent, illicit, illegal and in general, illegitimate use of the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS.

15.4. The fraudulent, illicit, illegal and in general, illegitimate use of the ELECTRONIC COMMUNICATIONS SERVICES furnished, provided, supplied, offered and/or made available by AVS to the CUSTOMER shall not give the latter the right to elude and/or breach their obligation to pay the invoices issued by AVS, pursuant to the provisions of Clauses 3.1.5. and 3.1.6.

  1. PERSONAL DATA PROTECTION

Pursuant to the terms of the current personal data laws, EU Regulation 2016/679 of 27 April (GDPR) on Personal Data Protection and guarantee of digital rights, the CUSTOMER is hereby informed that the personal data they furnish shall be processed by ASTROLINE (the Data Processor).

The purpose of the data processing is to maintain, develop, control and implement the contractual relationship between the CUSTOMER and ASTROLINE within the framework of the provision of the services set out in the contract purpose.

The data shall be kept for the duration of the commercial relationship. Once the service provision has ended, the personal data shall be kept, duly blocked, as established by current sectoral legislation.

No third-party transfers of data are envisaged unless a legal disclosure obligation exists. Likewise, ASTROLINE informs the CUSTOMER that their location data shall be transferred to the emergency services (112) on request.

Data subjects are hereby informed that they have the right to withdraw their consent to the processing of the data at any time and that if they exercise this right, it will be necessary to terminate the contract pursuant to the terms set out therein, given that the processing of the data is essential for the execution of the contract. They may also exercise their rights of access, rectification, erasure and portability of their data and those of limitation or objection to the processing by writing to ASTROLINE at its postal address at Calle Adolfo Pérez Equivel, 3, 28232, Las Rozas (Madrid), or by sending an email to: rgpd@astroline.es.

If you consider that the processing of your personal data is not in keeping with current law, you have the right to file a complaint with the Control Authority (www.aepd.es).

The Operator shall implement the necessary security measures by virtue of the terms of the current data protection legislation. All the ASTROLINE personnel shall be familiar with the data protection legislation at the time of processing the customer’s information.

Lastly, the Customer is hereby informed that in the event that they fail to pay the amounts owed for the contracting and/or use of the services pursuant to these terms and conditions, ASTROLINE may communicate the data of that non-payment to the different defaulting debtor databases and registers

  1. COMMUNICATIONS AND NOTIFICATIONS

17.1. All communications and notifications to be sent by the CUSTOMER to AVS in relation to these GTC and in particular, those set out in Clauses 4, 5 and 7., 12 and 13 may be sent by the CUSTOMER through any of the following channels:

17.1.1. By telephone, calling the AVS TCSS at any of the following numbers: 900287287 or 916305867 during public opening hours, which are between 8 am to 7 pm from Monday to Friday, except on national bank holidays.

For the purposes set out in the first paragraph of this Clause

17.1.2. By fax to AVS TCSS at the following number: 917371251.

17.1.3. By post (certified fax, courier, notarised channels) to:

ASTROLINE VOIP SERVICES S.L.
Calle Adolfo Pérez Esquivel 3
28232 – Las Rozas
Madrid

17.1.4. By email to notificaciones@astroline.es

17.2. Pursuant to the provisions of current personal data protection legislation, before issuing, processing and/or responding to any communication, notification, complaint or claim received, regardless of their purposes, AVS may request any documentary proof that may be necessary to verify that the petitioner or claimant is the CUSTOMER or a person duly authorised by the latter.

The documents justifying what is set out in this Clause 17.2. may be sent to AVS through any of the channels contemplated in Clauses 17.1.2., 17.1.3. and 17.1.4.

17.3. AVS shall duly inform the petitioner or claimant in writing of its refusal to process the claim in any communication, notification, complaint or claim received in which doubts exist about the identity of the petitioner, due to not being the subscriber of the contract and/or in the absence of a document that accredits their representation.

17.4. Notifications or communications sent by AVS to the postal address of the CUSTOMER set out in the CONTRACT or the latest notification of a change in the postal or home address made in accordance with Clause 3.1.2. shall be considered valid and effective and shall produce full legal rights if every attempt has been made to deliver them and this is not possible due to absence, unknown recipient, return, closure, eviction or any other cause that makes it impossible to deliver them.

17.5. Likewise, notifications sent by the parties to each other by email to the addresses set out in the CONTRACT or the latest notification of a change in the email address pursuant to the provisions of Clause 3.1.2. shall be considered valid and shall produce full legal effects between the parties, unless they have been tampered with.

For the purposes of what is set out in the first paragraph of this Clause 17.5., the only valid email address of AVS for the present purpose is that set out in Clause 17.1.4.

17.6. Notifications sent by the parties to each other by fax to the numbers set out in the CONTRACT or the latest notification of a change in the fax number made in accordance with the provisions of Clause 3.1.2. shall be considered valid and shall produce full legal effects between the parties, unless they have been tampered with.

For the purposes of what is set out in the first paragraph of this Clause 17.6., the only valid email fax number for AVS for the present purpose is that set out in Clause 17.1.2.

  1. DURATION OF THESE GTC

18.1. The duration of these GTC shall be indefinite.

18.2. Nonetheless, a change in market conditions, alterations imposed by third-party operators, the evolution of technology, legal modifications, maintaining the natural balance of the considerations received by the parties or correcting imbalances detected or in general, any changes that could affect the method for contracting the TELECOMMUNICATIONS SERVICES, the scope, the terms and conditions, the method and/or limits of the provision of and/or the TELECOMMUNICATIONS SERVICES provided by AVS may make it necessary or convenient to modify these GTC in order to adapt them to those new circumstances.

18.3. Pursuant to the terms of Clause 18.2., AVS reserves the right to unilaterally changes these GTC at any time.

18.4. Notwithstanding the provisions of Clause 18.4. AVS may only modify these GTC when any of the circumstances set out in Clause 18.2. occurs, and subject to the following requirements:

18.4.1. AVS shall notify the CUSTOMER of any change in the GTC.

The notification referred to in the first paragraph of this Clause 18.4.1. shall be made by email to the only and/or the last email address furnished by the CUSTOMER in accordance with what is established, including the pertinent notice in the invoice issued to the CUSTOMER and in all cases, by means of a notice on the website of AVS, which is www.astroline.es.

18.4.2. The notification shall include the date on which the new GTC take effect and, as applicable, a generic reference to the conditions that are to be modified.

18.4.3. When the modifications that are to be made impose stricter or additional conditions on the CUSTOMER, AVS shall also inform them of their right to terminate the contract unilaterally, without having to pay any penalty amount for doing so.