General terms and conditions for mobile communications services for private customers

Last update: September, 2026

These General Terms and Conditions (Conditions), together with the Specific Conditions and the Contract Summary provided to the Customer before contracting, constitute the Contract that shall govern the provision of the services (the “Service” or the “Services”) by PENTACOM INVESTMENTS (SPAIN) OPCO, S.L.U. (hereinafter, “ONIVIA”), a company of Spanish nationality, with registered office at Avenida de Europa, number 19, 28224 Pozuelo de Alarcón (Madrid), holding Tax Identification Number (N.I.F.) B-88368881, registered in the CNMC Register of Operators as a Mobile Virtual Network Operator (MVNO) Service Provider by Resolution RO/DTSA/0696/25, to customers of legal age who contract with it (hereinafter, the Customer(s)) within the national territory, as detailed below. These Conditions are available and may be consulted and downloaded at any time at General terms and conditions for mobile communications services for private customers – Onivia, with the update date indicated in each published version.

1. DESCRIPTION OF THE SERVICES

With the Mobile Service, the Customer may access, through their mobile telephone, the telephone, electronic communications and value-added services requested by the Customer.

The Service shall be provided within the national territory. ONIVIA provides the Customer with free access to emergency services, as well as information on the location of the person making the call, the latter depending on the capabilities of the systems of the Autonomous Community in which the Customer is located at the time of calling said services.

Outside the national territory, ONIVIA shall provide the Service through roaming, when the Customer so indicates by checking the corresponding box on the cover page, and according to the characteristics of the product.

ONIVIA undertakes to provide the Service within the limits of coverage and the state of technology. In any event, ONIVIA shall not be liable for interruptions or malfunctioning of the Service caused by geographical and/or atmospheric conditions that prevent or make its provision impossible.

The Services are offered to the Customer exclusively as an end Customer and for use based on good faith. In particular, by way of example and without limitation, the following are not permitted:

a) Use contrary to Spanish law, or which infringes the rights of third parties or the proper use of the Services, which are solely for the Customer’s personal and private use, the Customer being responsible for controlling access to them.

b) The publication or transmission of any content that is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.

c) The collection and/or use of personal data belonging to other users without their express consent, or in contravention of the provisions of the regulations in force concerning Personal Data Protection.

d) The resale of traffic or of the Services, or their commercialization or economic exploitation by any means or system.

e) Communication with numbers dedicated to call routing, that is, numbers which offer, as a commercial service, the routing of a call to a number other than the number called.

f) Objectively irregular or fraudulent use of the Services, such as: “baby monitors”; “walkie-talkies”; calls made exclusively, or predominantly, to premium-rate or value-added services; use of the Services to send unsolicited commercial communications; sending large messages to block third-party servers; making unsolicited communications when these may be classified as irregular traffic. In particular, the Customer must not use the Services to send unsolicited or bulk emails (“spam”) or make any use of mailing lists addressed to any person who has not given permission to be included in such a process.

g) Without prejudice to any other obligations, the Customer may not use the Service to provide telemarketing services (telephone appointment setting, telephone prospecting and telesales), cybercafés, resale to third parties, mass sending of faxes or other similar activities, nor may they establish connections through routers or any other complementary physical device which, by means of software or hardware, allows the redirection or establishment of the connection line.

In the event of detecting illegal, irregular, abusive or fraudulent use of the Services or any use contrary to these General Conditions, ONIVIA may, following communication to the Customer and insofar as permitted by the applicable regulations, temporarily suspend the affected Services or terminate the Contract. Said communication shall be made without unjustified delay, through the enabled contact method most appropriate to the circumstances (SMS, email or another equivalent means).

ONIVIA may use technical monitoring, filtering, security and fraud prevention tools in order to detect and prevent unlawful, irregular, abusive or fraudulent use of the Services, in accordance with the applicable regulations and ONIVIA’s privacy policy.

In the event of detecting illegal, irregular, abusive or fraudulent use of the Services, or the existence of reasonable indications of such use, ONIVIA may adopt the measures provided for in clause 5.3 of these General Conditions relating to the suspension of the Services.

The foregoing is without prejudice to ONIVIA’s right to invoice traffic generated outside lawful, reasonable or authorized use in accordance with the corresponding standard prices in force, without applying flat rates, allowances, discounts, promotions or special commercial conditions that are not applicable to such use, as well as to claim from the Customer any damages that may have been caused to it.

The Customer who holds the Service is responsible for all traffic, Services used and any misuse thereof. Notwithstanding the foregoing, ONIVIA, after identifying the holder of the line and their circumstances, may also take the measures available to it to prevent harm from the date on which, through the Customer Service Department, it is informed of the confirmed or suspected loss, misappropriation or theft of the access credentials to the Service or the existence of fraud or, in the case of the Mobile Telephone Service, the loss, misappropriation or theft of the SIM Card.

If the Customer requests that their data be included in subscriber directories, ONIVIA shall communicate the data indicated by the Customer to the National Commission on Markets and Competition (CNMC) so that it may make them available to the entities that prepare directories and/or provide information services.

2. COMMENCEMENT OF THE SERVICES

To provide this Service, ONIVIA shall deliver to the Customer a SIM card that may be used in any unlocked mobile device.

At the time of activation, the Customer shall receive: (i) a SIM Card, owned by ONIVIA, which ONIVIA may replace at any time for technical or operational reasons; (ii) a secret personal identification number “PIN” to access the Card; and (iii) the personal unblocking key “PUK”.

The Customer must keep the PIN and PUK confidential. Any communication made from their Card shall be deemed to have been made by the Customer or with their consent, and the Customer shall therefore be responsible for it.

The Customer shall have a period of thirty (30) calendar days from the date of receipt of their SIM card to activate it. Once said period has elapsed without the card having been activated or used, ONIVIA may cancel it.

The Customer shall, where applicable, have the right to recover the amount paid for it, upon prior request to the Customer Service Department.

In this case, as well as in the event of cancellation of activation by the Customer, ONIVIA shall have the right to charge the corresponding administrative costs for sending the Card, without prejudice to the provisions of the clause dedicated to the right of withdrawal when applicable.

The applicable administrative costs, where relevant, shall be communicated to the Customer in the Specific Conditions of the contracted services.

ONIVIA informs the Customer that it provides the Mobile Telephone Service with the facility to identify the originating line and the connected line. If the Customer does not wish their telephone number to be identifiable by other users, ONIVIA makes available means of restricting calling line and connected line identification. The Customer may obtain such information from the Customer Service Department.

3. NUMBER RETENTION AND PORTABILITY

For the Mobile Telephone Service, if the Customer does not have a telephone number, ONIVIA shall assign one.

ONIVIA’s Mobile Service includes portability of the telephone number that the Customer had with their previous operator. For this purpose, the Customer must request it by completing the Portability Request, so that the portability of the mobile telephone services with their previous operator may be processed. Portability shall be carried out in accordance with the portability processing procedures established in the corresponding Technical Specification document for Administrative Procedures for Number Retention in the Event of a Change of Operator, approved by the National Commission on Markets and Competition, and in accordance with clause 15 of these Conditions.

4. CUSTOMER RIGHTS

4.1. CUSTOMER SERVICE

The Customer has access to a customer service and information service through the enabled support channels. The specific contact details and available support channels are indicated in the Specific Conditions and in the Contract Summary provided to the Customer. Through the Customer Service Department, the Customer may make enquiries and carry out procedures relating to the Service, including enquiries concerning the applicable conditions, coverage areas of the Services, and the rates in force.

When the Customer submits a claim, complaint or carries out any procedure with contractual implications, the reference number assigned to it shall be communicated to them. If the claim, complaint or contractual procedure has been handled by telephone, the Customer has the right to request a document certifying its submission and content by means of any medium that allows such certification.

4.2. COMPLAINTS

The Customer may submit their complaints to ONIVIA through the customer service channels indicated in the Specific Conditions and in the Contract Summary. If the Customer wishes to submit a complaint, they must do so within one (1) month from becoming aware of the event giving rise to it.

Upon receipt of the complaint, the Customer shall be provided with its reference number, allowing the complaint to be verified and tracked. The submission of a complaint does not justify non-payment of the corresponding invoice, except in cases established by law.

When the enquiry, incident, complaint or claim is submitted by telephone, video call or instant messaging, ONIVIA may record the communication, after obtaining the Customer’s consent when required, for the purpose of providing evidence of its submission and content. In such a case, it shall inform the Customer of the means of accessing said recording or its transcription, in accordance with the applicable regulations.

The decision adopted by ONIVIA shall be reasoned and shall address the matters raised by the Customer. Said decision shall be communicated through the same means used to submit the claim, unless the Customer has expressly indicated another means of communication. The submission of a claim relating to an invoice shall not, in itself, justify non-payment thereof or suspend the debt collection actions that may correspond to ONIVIA, except in cases provided for by law or where required by the applicable sector-specific regulations.

ONIVIA shall resolve enquiries, complaints, claims and incidents as quickly as possible, taking into account the nature of the matter raised and, in any event, within a maximum period of fifteen (15) working days from their submission, unless the applicable sector-specific regulations establish a different period. Enquiries or incidents relating to the continuity of the Service, such as outages, suspensions or interruptions, shall be answered within a maximum period of two (2) hours, providing the available information on the causes of the incident and the estimated time for restoration of the Service. Enquiries, complaints, claims or incidents relating to billing or improper charges shall be answered within a maximum period of five (5) days.

Once the complaint has been submitted, if the Customer does not receive a satisfactory response within one (1) month, they may submit a claim to the Consumer Arbitration Board or, in relation to the specific rights granted to them by the regulations as a user of electronic communications services, to the State Secretariat for Telecommunications and Digital Infrastructures (SETID), or the body that replaces it at any given time, in writing, through the enquiry telephone numbers: 911 11 44 00 / 901 33 66 99 or the website: http://www.usuariosteleco.es, within the following three (3) months, without prejudice to their right to pursue legal proceedings.

In addition, the Customer may also exercise their right to out-of-court dispute resolution by accessing the online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

5. PRICE, BILLING AND PAYMENTS

5.1. PRICE

The prices and charges corresponding to the rates in force at any given time (the “Rates”) shall apply to the Services, in accordance with the Specific Conditions and these General Conditions, as well as any applicable offers or promotions.

In the event of termination once the billing period has commenced, the Customer shall be charged the fixed fee in proportion to the number of days of service enjoyed from the beginning of the billing period until the termination date.

5.2. BILLING

Receipt of the invoice and its payment by bank transfer or direct debit shall be monthly and shall itemize the basic Service, as well as the remaining contracted Services, according to the items invoiced within each Service. The Customer accepts that any adjustments that may be necessary due to a change in rates shall be included in the invoice issued in the month following the month in which the change occurred. If, for technical reasons, it is not possible to invoice the Customer in the period immediately following the accrual, this may be done in subsequent periods. The Customer may request, free of charge, to receive non-itemized billing.

. The Customer may choose how they wish to receive their invoice, on paper or by electronic means, at the time of contracting the Services. In any event, the Customer’s invoice shall be made available in electronic format. The Customer may request a change to the means by which they receive their invoice at any time by notifying ONIVIA through any of the communication methods provided for in these Specific Conditions. Receipt of the invoice on paper shall not entail any cost for the Customer.

The Customer has the right to choose a payment method from among those commonly used in commercial transactions. To use a payment method other than direct debit, which is the default payment method (for example, bank transfer or payment through ATMs), the Customer may contact the Customer Service Department. The Customer is obliged to pay invoices when they fall due.

Subscription fees shall be invoiced for completed monthly periods. ONIVIA may bring forward the invoicing and collection of accrued amounts when: (i) the Customer exceeds previously agreed credit limits; (ii) the Service is suspended; (iii) the Customer breaches these Conditions; or (iv) in cases of fraud or risk of non-payment.

Invoices not paid by their due date may give rise to costs incurred as a result of this breach, corresponding to those arising from the debt recovery actions carried out by ONIVIA and amounting to a cost of up to five (5.00) euros, as well as late-payment interest equal to the statutory interest rate increased by two percent (2%), without prejudice to other consequences that may arise, such as the enforcement of deposits, bonds or other existing guarantees, or the inclusion of the Customer’s data in financial solvency and credit files (specifically ASNEF EQUIFAX).

Upon termination of the contractual relationship, regardless of the contracting arrangement, if a balance remains in favour of the Customer, the Customer may request its reimbursement. The Customer shall also have this right of compensation when the balance is in favour of ONIVIA.

For the collection of amounts owed, ONIVIA may enforce the deposits, bonds or other guarantees established in these Conditions. If, as a consequence of any claim, ONIVIA must reimburse the Customer for any amount, the Customer shall also have the right to receive statutory interest increased by two percent (2%). The interest established in the two preceding paragraphs shall apply in both cases with a grace period of one (1) month from the event giving rise to its accrual. ONIVIA may bring forward the collection of accrued amounts when: (a) the Customer exceeds the agreed credit limit; (b) the Service is suspended; (c) the Customer breaches this Contract; or (d) in cases of fraud or risk of non-payment.

Upon receipt of the activation request and throughout the term of the Contract, ONIVIA may, at any time and in order to guarantee compliance with the obligations arising from it:

Request that the Customer establish a non-interest-bearing cash deposit or provide a bank guarantee with fifteen (15) days’ prior notice. The guarantee may never be for an amount exceeding the estimated average consumption for three months per Service.
Request an advance payment from the Customer based on previous consumption.
Assign a credit limit to the Customer.
Restrict the Customer’s access to higher-rate services, premium-rate services and international calls.

These measures may be adopted, among other circumstances, in cases such as:

The existence of unpaid amounts owed by the Customer under any contract, whether current or otherwise, with ONIVIA or a third party.
Repeated delays by the Customer in fulfilling their payment obligations to ONIVIA; or
The existence of an objective risk of fraud, non-payment or unlawful use of the Service.

If a deposit is established, it shall be returned to the Customer when it has been demonstrated that no delay in the payment of invoices sent by ONIVIA to the Customer has occurred over a period of one (1) year. The period for returning the deposit shall be fifteen (15) days from the day following the date on which the foregoing is demonstrated. In all other cases, the aforementioned measures shall cease as soon as ONIVIA becomes aware that the circumstances that gave rise to their adoption no longer exist. If a Customer with outstanding debts terminates the Service or requests a change of ownership of their Contract, ONIVIA may enforce the guarantee for the full amount of the outstanding debt. ONIVIA may verify the Customer’s solvency through automated scoring procedures, by obtaining data from the banking institutions provided by the Customer or through financial solvency and credit files.

5.3. LATE PAYMENT

Delay in the Customer’s full or partial payment of amounts owed for the Service may result in the restriction of outgoing calls and/or the temporary suspension of the provision of the Service to which the non-payment relates, following forty-eight (48) hours’ prior notice by SMS.

Once the Customer has paid the debt, the Service shall be restored within one (1) working day from the moment ONIVIA becomes aware of the payment.

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

In the event of temporary suspension of the telephone service due to non-payment, the service shall be maintained for outgoing emergency calls, as well as incoming calls, with the exception of collect calls and those relating to the Mobile Telephone Service when the Customer is abroad.

In the event that the Customer has submitted a claim to the Consumer Arbitration Boards or to SETID, ONIVIA shall not suspend or interrupt the Service while the claim is being processed, provided that the Customer reliably deposits the amount owed and delivers the corresponding receipt to the address indicated in the Specific Conditions.

Delay in payment of amounts owed for a period exceeding three (3) months, or temporary suspension of the Service on two (2) occasions, shall result in the definitive interruption of the Service to which the non-payment relates and the corresponding termination of the Contract.

ONIVIA may temporarily or permanently suspend the service, following communication to the Customer, in cases of fraud, objective risk of fraud being committed, presumption or reasonable indications of fraud being committed, or for other sufficiently substantiated reasons involving unlawful use of the service, or failure to establish the guarantee requested by ONIVIA in accordance with General Condition 4.3. Cases of fraud include, by way of example and without limitation, use of the service to generate mass telephone traffic through its resale or to the detriment of the quality of service provided to other users and, in general, use of the service for purposes other than purely interpersonal communication or in a manner contrary to the reasonable use rules that ONIVIA may establish for rates, services or promotions.

6. TEMPORARY INTERRUPTION OF THE SERVICES AND ONIVIA’S LIABILITY

ONIVIA undertakes to provision the contracted Services in accordance with the quality commitments required by the applicable regulations in force. Therefore, in the event of interruption of the Services, ONIVIA shall compensate the Customer in accordance with the following conditions:

If the Mobile Voice Service is temporarily interrupted, the compensation shall be equal to the greater of the following amounts:

(a) The average amount invoiced for the Service affected by the interruption during the three (3) months preceding the interruption, prorated according to the actual duration of the interruption. If the Customer has been subscribed for less than three (3) months, the amount of the average invoice for complete monthly periods shall be considered, or the amount that would have been obtained for an estimated monthly period in proportion to the consumption period completed; or

(b) Five (5) times the monthly subscription fee or equivalent in force at the time of the interruption, prorated according to the duration of the interruption.

The compensation provided for above in points (i) and (ii) shall be paid automatically in the invoice corresponding to the period immediately following the period considered, provided that the amount of compensation exceeds one (1) euro in the case of the Voice Service. If no invoice is to be issued due to termination of the Service, compensation shall be paid through the means agreed with the Customer in each case.

If the Mobile Internet Service is temporarily interrupted, the Customer shall be entitled to reimbursement of the subscription fee and other fixed fees, prorated according to the duration of the interruption, provided that the interruption has occurred continuously or discontinuously and exceeds six (6) hours between eight (8) and twenty-two (22) hours in the case of the Internet Service. The corresponding invoice shall indicate the date, duration and calculation of the amount of compensation due to the subscriber.

In the circumstances listed in the preceding paragraphs, ONIVIA shall automatically compensate the Customer if the interruption affects the area where the address appearing in the Customer’s Contract is located or, in the case of the Mobile Telephone Service, if it knows that the Customer was in an area affected by the interruption at the time it occurred and could not locate the Customer in another area during the interruption period. If the Customer has been affected by an interruption and has not been counted as affected under the foregoing terms, the Customer may notify the Customer Service Department within ten (10) days from the restoration of the Service that they have been affected by the interruption of the Service, indicating their geographical location at the time of the interruption. Such information must not contradict the information recorded in ONIVIA’s systems.

In addition to the foregoing compensation, ONIVIA undertakes to offer a level of quality in the Service with regard to its maximum interruption time throughout each billing period, not exceeding eight hours (8) hours in the case of the Mobile Service. For these purposes, the interruption time of the Service is defined as the sum of the periods elapsed from the moment the Service becomes unavailable, once it has been activated, until the moment it is restored to normal operation. The starting point for calculating this period shall be the first of the following two events: (i) notification by the Customer of the fault report; or (ii) registration by ONIVIA of the incident causing the total or partial interruption of the Service.

If ONIVIA fails to comply with the indicated service level during a given billing period, the Customer may request, by telephone through the Customer Service Department and within ten (10) days from the resolution of the incident, compensation in an amount equivalent to the monthly fee for the Service affected by the interruption, prorated according to the time by which the commitment was exceeded in the case of the Mobile Service. This compensation shall be added to that established in the preceding section and shall be paid in the following invoice.

If the interruption is due to force majeure, compensation shall be limited to reimbursement of the subscription fee and other charges independent of traffic, prorated according to the duration of the interruption.

For the purposes of calculating the foregoing compensation, the fees differentiated by Service that may be established in the Specific Conditions shall be taken into account. Where, as a result of promotions, the Customer benefits from a discount on the entire monthly fee for the Services, the non-promotional monthly fee for said Services shall be taken into account for compensation purposes. Such compensation shall be added to that provided for in the preceding paragraphs. In addition to temporary suspension at ONIVIA’s initiative for the valid reasons established in these General Conditions, the Customer may, if they so wish, request temporary suspension of the Contract without this entailing its termination, for a period of not less than one (1) month and not more than three (3) months per calendar year, by contacting the Customer Service Department.

6.1. EXCLUSIONS

The compensation referred to in the preceding sections shall not apply if the interruption or failure of the initial connection is caused by (i) a serious breach of the Contract by the Customer, (ii) damage caused to the network due to the Customer connecting terminal equipment whose conformity has not been assessed, or (iii) interruption of the Service to carry out maintenance or updating of the facilities in accordance with the provisions of the regulations in force, or (iv) where technical reasons make it impossible for ONIVIA to provide the Mobile Service or in other circumstances not attributable to ONIVIA (iv) once the Contract has ended for any reason.

In any event, ONIVIA undertakes to provision the contracted Services in accordance with the quality commitments required by the applicable regulations in force.

7. ACCESS TO EMERGENCY SERVICES

ONIVIA provides the Customer with this Service, as well as information on the location of the person making the call, the latter depending on the capabilities of the systems of the Autonomous Community in which the Customer is located at the time of calling said Services. This Service shall be free of charge for calls to 112 and to other numbers determined by the regulations in force.

8. DISCONNECTION OF CERTAIN SERVICES

The Customer may request disconnection of higher-rate calls, international calls and premium-rate services by contacting the Customer Service Department. Disconnection shall be carried out within a maximum period of ten (10) days from receipt of the request. If said disconnection does not take place within the aforementioned period for reasons not attributable to the Customer, ONIVIA shall bear the costs arising from the service or services for which disconnection has been requested.

Notwithstanding the foregoing, access to premium-rate calling services with numbers beginning with 803, 806 and 807 and telephone directory enquiry services concerning subscriber numbers (numbers beginning with 118) with a cost exceeding 0.5 euros per minute is disabled by default.

9. PROTECTION OF PERSONAL DATA

ONIVIA, as the entity with which the Customer contracts the electronic communications services, shall be the controller of the personal data processed in connection with the contracting, management and provision of said services. Likewise, the data may be processed to assess solvency or credit risk associated with contracting, as well as to prevent and detect situations of fraud or unlawful use of the Service.

For the provision and management of the Service, personal data may be processed by third parties acting on behalf of ONIVIA as data processors and, where applicable, by duly authorized sub-processors, in accordance with the applicable instructions and data protection regulations.

Personal data shall be processed for as long as necessary for the purposes for which they were collected and, in particular, throughout the term of the contractual relationship. Once they are no longer necessary for said purposes, the data shall be duly blocked and retained for the limitation periods applicable to any potential legal liabilities arising from the processing and the relationship maintained with the Customer. Once said periods have elapsed, the data shall be erased.

Where the provision of the Service involves an international transfer of personal data to a third country or international organization, ONIVIA shall ensure that said transfer is carried out in accordance with Articles 44 et seq. of the GDPR, whether on the basis of an adequacy decision pursuant to Article 45, through the adoption of appropriate safeguards provided for in Article 46 or, where applicable, in accordance with the derogations provided for in Article 49 of the GDPR.

The Customer may exercise their rights of access, rectification, erasure, objection, cancellation, restriction of processing and portability, as well as any other rights recognized by the applicable regulations, providing proof of identity where necessary, by sending a written communication to the email address protecciondedatos@onivia.net. Likewise, the Customer shall have the right to lodge a complaint with the Spanish Data Protection Agency if they consider that their data have not been processed in accordance with the applicable regulations.

The Customer may consult additional and detailed information on the processing of their personal data in ONIVIA’s Privacy Policy, available on its website.

10. DURATION AND TERMINATION OF THE CONTRACT

10.1. DURATION

The Contract shall have the fixed initial duration established in the Specific Conditions signed by the Customer. If an initial duration is not expressly established in the Specific Conditions, it shall be 24 months. Once the initial term of the Contract or any of its extensions has expired, the Contract shall be automatically extended for the same period. Prior to the first automatic extension, ONIVIA shall inform the Customer prominently and in a timely manner, on a durable medium, of the expiry of the initial term of the Contract, its extension and the means available to terminate it should the Customer wish to do so.

Once the initial duration period established in the Contract has elapsed, the Customer may terminate it at any time in accordance with the provisions of the following clause 9.2.

10.2. Termination

The Customer may terminate the Contract in the cases established by law before its term expires, without having to pay any compensation for doing so except, where applicable, for any terminal equipment or subsidized or loaned equipment that they retain.

Likewise, the Contract shall terminate early, at the Customer’s request, if ONIVIA and the Customer enter into a new contract. Outside these circumstances, if the Customer decides to terminate the Contract before the end of its initial term, they must pay, as a penalty for failure to comply with the contractual term, the amount indicated for this purpose in the Specific Conditions, without prejudice to payment of any other penalty that the Customer may have assumed under the Contract for other reasons. If no amount is expressly established in the Specific Conditions, the penalty associated with failure to comply with the contractual term shall be zero (0) euros.

Once the initial duration period established in the Contract has elapsed, the Customer may terminate it at any time without incurring any cost for doing so, except for receiving the service during the notice period, and prior notification to ONIVIA alone shall suffice. The notice period may be up to one (1) month and shall be established in each case in the Specific Conditions. If no minimum notice period is expressly established in the Specific Conditions, it shall be one (1) month. If the Customer fails to comply with the agreed notice period, ONIVIA shall charge the amount established in the Specific Conditions, which shall under no circumstances exceed the proportional part of the Service corresponding to the days of notice not fulfilled. If no amount is expressly established for this purpose in the Specific Conditions, ONIVIA shall charge zero (0) euros.

ONIVIA may terminate the Contract for: (a) the termination of ONIVIA’s authorization to provide the Service; (b) the Customer’s failure to fulfil their obligations, such as delay in payment of amounts owed for a period exceeding three (3) months; (c) the temporary, involuntary suspension of the Service on two (2) occasions; (d) cases of fraud, objective risk, presumption or reasonable indications of fraud being committed; (e) failure to establish the guarantee requested by ONIVIA; or (f) other sufficiently substantiated reasons involving unlawful use of the Service or use contrary to good faith or commonly accepted proper use practices; (g) other duly justified technical or operational reasons that make the provision of the Services impossible or seriously hinder it. Under no circumstances shall termination of the Contract exempt the Customer from their payment obligations towards ONIVIA for use of the Service or for any other reason, such as, where applicable, any minimum-term commitment that the Customer may undertake when contracting the Service with ONIVIA or its associates. Outside these circumstances, if ONIVIA decides to terminate the Contract without just cause before the end of the period established therein, ONIVIA must pay the Customer, as a penalty for failure to comply with the contractual term, an amount equivalent to that established for the Customer in the Specific Conditions in the event of failure to comply with the initial duration of the Contract, without prejudice to the Customer’s right to claim compensation for damages caused that are not covered by the amount of the penalty.

11. CHANGE OF CONTRACT HOLDER

In the event of a change of contract holder, for which the Customer may use any of the means indicated in General Condition 3.1, both the current and the new holder declare that each and every item of information provided is correct and that they have read, are aware of and accept these Conditions in their entirety. The date on which responsibility for payment changes shall be the day following ONIVIA’s approval of the change of contract holder, once the necessary documentation has been received, duly completed, and all the requirements established by ONIVIA for activating a Customer have been fulfilled. The change of contract holder does not exempt the current holder from paying the amounts accrued up to the date of the change. The change of contract holder allows any accumulated gigabytes held by the previous holder to be transferred to the new holder following the change. Furthermore, upon the change to the new holder, the proportional gigabytes are recalculated according to the rate, from the moment the change is made until the end of the month.

12. ASSIGNMENT OF THE CONTRACT

Neither party may assign this Contract, in whole or in part, to third parties without the prior consent of the other party. For these purposes, companies belonging to the ONIVIA group shall not be considered third parties.

13. MODIFICATION OF THE CONTRACT

ONIVIA may make modifications to these General Conditions, as well as to the rates in force at any given time, in the following circumstances:

For legal or regulatory reasons (including taxes, fees or administrative or judicial decisions), or due to changes in the provision of the Services;
For technical, operational, economic, organizational or market reasons;
As a consequence of expenses arising from improvements in coverage, infrastructure maintenance or the obsolescence of the network or equipment directly associated with the Customer’s Service, as well as increases in the costs of services and supplies from providers associated with the Customer’s Service.

In both cases, the modification shall be communicated to the Customer at least one (1) month before its effective date, which shall be expressly indicated. If the Customer does not accept the new conditions and notifies ONIVIA accordingly, they may terminate the Contract early and without any penalty.

If, after one (1) month has elapsed from ONIVIA’s notification, the Customer has not expressly indicated their disagreement, or continues using the Mobile Telephone Service after the announced modification enters into force, the Customer shall be deemed to have accepted the proposed modifications.

14. APPLICABLE LAW AND COMPETENT JURISDICTION

The legislation applicable to the relationship between the parties shall be Spanish law, and the competent forum shall be that determined in each case by consumer and user protection regulations if the Customer qualifies as a consumer. Otherwise, the parties submit, to the exclusion of any other forum that may correspond to them, to the jurisdiction of the Courts and Tribunals of Madrid Capital for the resolution of disputes arising from the interpretation or application of these Terms and Conditions.

15. PORTABILITY

If the Customer wishes to retain a mobile telephone number of which they are already the holder, they must select its portability to ONIVIA at the time of contracting. Delivery to ONIVIA of the portability request signed by the Customer (prepaid or contract) upon receipt of the order shall initiate the operator change process. Once the portability request has been signed and submitted, the following clauses shall apply:

The Customer requests activation of the Service with ONIVIA and simultaneously communicates their wish to terminate the service with the operator currently providing the Service, while retaining their mobile telephone number.

The Customer consents to the processing of personal data concerning them, both those included in the request and those known to the operator with which they have contracted the service, voluntarily, freely, unequivocally, specifically and on an informed basis. They therefore authorize the transfer of their data from the operator with which they have contracted their service to the operator that shall provide it henceforth, for the sole purpose of retaining their number during the portability process and subject to that purpose. All of the foregoing shall be in accordance with the regulations in force and the provisions of section 4.7 of this Contract.

The Customer accepts the possible interruption of the Service at some point during the period between 2:00 a.m. and 6:00 a.m. on the day on which the change of operator takes effect, in order to allow the operators to carry out the necessary actions.

From the moment the Customer submits the signed portability request, the change of operator must be processed within one (1) working day from submission, with the change of operator taking place during the early hours of the following day, provided that the Customer has not voluntarily requested a later date for the execution of portability and provided that their request has not been rejected by the current operator on any of the following grounds: – In the case of postpaid subscribers, a mismatch between the number and the subscriber identified by their NIF/NIE/Passport and nationality/CIF. – In the case of prepaid subscribers, a mismatch between the number and the ICC-ID or serial number(s) of the SIM card(s). – Inactive number. – Justified force majeure. – Verification that the SIM card has been reported to the donor operator as stolen or lost.

ONIVIA must inform the Customer if their request has been rejected, indicating the reason for rejection. For accepted requests, the Customer may request information from ONIVIA free of charge regarding their request and the day on which the effective change of operator shall take place. From that moment, the subscriber shall be able to make and receive calls with the new operator and the same telephone number, once they insert the SIM card provided by ONIVIA into the mobile terminal.

The Customer may request cancellation of any portability request by calling ONIVIA’s Customer Service Department, no later than 2:00 p.m. on the working day preceding the day on which the change is due to take place.

16. SPEED OF INTERNET ACCESS SERVICES

In relation to the Internet Access Service, the Customer shall have access, at all times, on the Website General terms and conditions for mobile communications services for private customers – Onivia, to precise information concerning the estimated maximum and advertised download and upload speeds in the case of mobile networks.

In accordance with the provisions of Article 4.1.d) of Regulation (EU) 2015/2120, on transparency measures to ensure open internet access, the Customer is hereby informed of the maximum speed and advertised speed for the different coverage options made available by ONIVIA.

5G NSA: from 150Mbps to 400Mbps download and from 20Mbps to 50Mbps upload.
4G / LTE: from 15Mbps to 60Mbps download and from 5Mbps to 20Mbps upload.

17. SPECIFIC ROAMING CONDITIONS

The international roaming service (“roaming”) shall allow the Customer to use the mobile communications Services when temporarily outside Spain, in those countries and territories in which ONIVIA has enabled the provision of the Service.

The Roaming Service may be activated by default when the Mobile Telephone Service is activated.

In such a case, to deactivate it, the Customer must request this by contacting the Customer Service Department.

The countries and territories in which the roaming Service is available shall be classified into the different tariff zones established by ONIVIA. The updated list of countries and territories included in each zone, as well as the prices applicable to calls made and received, SMS and data traffic, shall be available at Servicio de roaming de Onivia.

Zone 1. Roam Like at Home

Roaming Services provided when the Customer is temporarily located in any of the countries included in Zone 1 shall be subject to the regulated “Roam Like at Home” (“RLAH”) regime, under the terms provided for in Regulation (EU) 2022/612 and other applicable regulations.

Zone 1 shall comprise the Member States of the European Union, Iceland, Liechtenstein and Norway, as well as Moldova and Ukraine, and any other countries or territories that may be incorporated at any time into the scope of application of the RLAH regime in accordance with the applicable regulations.

Within Zone 1, calls, SMS and data services included in the national rate contracted by the Customer shall be provided, subject to the Fair Use Policy set out below, under the same tariff conditions as those applicable in Spain. The foregoing shall be without prejudice to any limitations or exclusions arising from the applicable regulations, particularly with regard to special-rate services, value-added services, connections through non-terrestrial networks or other services not included in the RLAH regime.

Fair Use Policy in Zone 1

In order to prevent abusive or anomalous use of roaming Services for purposes other than periodic travel, ONIVIA may apply a Fair Use Policy in accordance with Regulation (EU) 2022/612, Commission Implementing Regulation (EU) 2016/2286 and other applicable regulations.

For these purposes:

1º. Residence or stable links. ONIVIA may request that the Customer provide evidence of their habitual residence in Spain or the existence of other stable links with Spain involving a frequent and substantial presence within the national territory, in accordance with the applicable roaming regulations.

2º. Open data packages. In those tariff plans in which, in accordance with the applicable regulations, a specific volume of data available for roaming at domestic prices may be established, the Customer may consume within Zone 1, without any additional surcharge, the volume of data indicated for their rate. The limit applicable to each rate shall be that resulting from the regulations in force and shall be communicated to the Customer in the Specific Conditions, in the information corresponding to their rate and/or through the information channels enabled by ONIVIA.

Once said limit has been reached, ONIVIA may apply the surcharge permitted by the regulations in force to additional roaming data consumption. ONIVIA shall inform the Customer, under the terms and at the times required by the applicable regulations, of the available volume and, where applicable, of the application of said surcharge.

3º. Presence and consumption indicators. ONIVIA may verify, over an observation period of at least four (4) months, the objective indicators of the Customer’s presence and consumption in Spain and while roaming in Zone 1.

The existence of predominant use in Spain, whether in terms of consumption or the Customer’s presence within the national territory during the observation period, shall be considered indicative of use of the Service that is neither abusive nor anomalous.

Where, during said period, both the Customer’s presence while roaming and their consumption of roaming Services predominate over their presence and consumption in Spain, ONIVIA may warn the Customer of the possible existence of an abusive or anomalous usage pattern.

If, fourteen (14) calendar days after said warning, the usage pattern continues to demonstrate abusive or anomalous use, ONIVIA may apply the maximum surcharges permitted by the regulations in force to subsequent consumption.

ONIVIA shall cease applying said surcharges as soon as the Customer’s usage pattern ceases to demonstrate abusive or anomalous use.

4º. Periods of inactivity and sequential use of SIM cards. Long periods of inactivity of a SIM card associated with primary or exclusive use while roaming, as well as the sequential activation and use of multiple SIM cards while roaming by the same Customer, may be considered additional indicators of possible abusive or anomalous use.

5º. Organized resale of SIM cards. Where ONIVIA has objective and substantiated evidence of the organized resale of SIM cards to persons who neither habitually reside in nor have stable links with Spain, for the purpose of using roaming Services at domestic prices for purposes other than periodic travel, ONIVIA may adopt the necessary proportionate measures to ensure compliance with the Contract and the applicable regulations.

Remaining international roaming zones

Consumption incurred in countries or territories not included in Zone 1 shall not be subject to the regulated RLAH regime and shall be invoiced in accordance with the specific rates corresponding to the roaming zone in which each country or territory is included.

In particular, the United Kingdom is included in Zone 2, and consumption incurred in that country shall be invoiced in accordance with the rates applicable to said Zone, without the RLAH regime applying.

The list of countries included in each zone and the corresponding prices for calls made and received, SMS and data traffic shall be available and permanently updated at Servicio de roaming de Onivia.

The Customer shall receive, where required by the applicable regulations, information on the economic conditions of the roaming Service when accessing a foreign network.

Complaints concerning the application of the Fair Use Policy

Without prejudice to other legal actions provided for by law, complaints concerning the operation of the Fair Use Policy or any other matter that may arise in connection with its application may be addressed to the Customer Service Department within one (1) month from the moment the event or cause giving rise to the complaint becomes known, without prejudice to those circumstances in which the regulations in force establish other deadlines for this purpose.