In compliance with provisions set by Royal Decree 424/2005, of April 15, 2005, which approves the Regulation on the conditions for the provision of electronic communications services, universal service and the protection of the rights of Users, BT stipulates below the information on the minimum content of the contracts, and also in accordance with Royal Decree 899/2009, of May 22, which approves the Charter of Rights of Users of telecommunications electronic services.
Claims.
The Client may make any claims, complaints or open incident reports regarding the provisions of service that they may consider convenient, in the BT Customer Service Department, at the address C / Isabel Colbrand 6-8; 28050 Madrid, within one month from when they become aware of said claim, on telephone number 901 111 109 (corporate business clients) or 900 814 814 (residential clients and SMEs). If the Client makes their claims by telephone, BT will inform them of their right to request a document that certifies the presentation and content of the complaint, claim or incident. Once the claim has been made, if the Client has not obtained a satisfactory response from BT within a month, they may go to the Secretary of State for Telecommunications and the Information Society. The Client also has the option of making their complaints or claims through the website www.bt.es
Termination of Services and Contract.
The Client may terminate the Contract a) at any time, with no other requirement than the written notification two (2) days in advance of the moment in which it is to take effect, and b) immediately in case of non-compliance by BT's part of the contractual conditions. In the event that the Client terminates the Contract for reasons a) and b) above, they will only be obliged to pay the charges pending until the end of the term applicable to each case, and to pay the discounts that both, on the single charges and on the fixed monthly charges that have been granted, where appropriate, for a certain duration of the contract that has not elapsed or for any other condition that has not been met and that would have motivated such discount. In the same way, BT will pay the Client the amounts pending with the Client, if applicable.
BT may terminate this Contract for the general causes of termination of the contracts and especially, in the following circumstances:
- The delay in the payment of the service for a period of more than three months.
- The temporary suspension, on two occasions, of the contract due to late payment of the corresponding services.
- Failure to return the Contract duly signed and completed within thirty days after receiving it.
- The attributable breach of any other main obligation established in this contract.
- The termination of the contract for the telecommunications services that the Client has contracted.
- The breach by the Client of the Code of Conduct or the legislation in force at all times.
Any party may at any time terminate the Contract by notifying the other party in writing, if:
- the contest of the other party will be legally agreed.
- Any event of force majeure would prevent the fulfillment of all or a substantial part of the obligations of the other party in relation to the service for a continuous period of three (3) months from the date on which such obligation should have been performed.
- if the other party breaches any term or condition established in the contract.
This contract will automatically terminate in the event of loss of BT’s authorised operator status for the provision of the Service, for any reason. In this case, BT will make every effort so that the Client does not suffer negative consequences and will cooperate with the Client so that he can proceed with the change with another operator as soon as possible. In the event of termination for this reason, no party may request any compensation from the other, except in cases of wilful or grossly negligent action on the part of BT. In the event of termination for any of the aforementioned causes, the Client must pay the aforementioned charges without prejudice to the corresponding compensation for damages.
Conditions.
As consideration for the services that BT will provide to the Customer under the Contract, the Customer agrees to pay BT the Charge (s) established in the Order Form (s) or, where appropriate, in the Additional Conditions when they Charges are variable or have been modified, and in the price list communicated to the Client. Charges are expressed in Euros, not including Value Added Tax (VAT) or any other tax that, where appropriate, will be added to each invoice issued by BT as appropriate. The Service Charges will accrue from the Operational Service Date. Payments will be made by direct debit to the account that the Client has designated for this purpose.
Exceptionally, BT may accept other means of payment. BT will charge the charges associated with the mobile Services of the Clients, SMEs or corporations within a maximum period of 10 days from the date of issuance of the invoice, and to the rest of the Clients within a maximum period of 10 days from the date issuance of the invoice, and to the rest of the clients within a maximum period of 30 days. The Client must pay these charges and may not apply any compensation, claim or deduction.
The Client will have the possibility of receiving the monthly billing of the contracted services in digital format, for which they must mark the corresponding box on the cover of this contract and provide an email address. Regardless of the type of invoice that the Customer receives for the provision of the Service, BT will not issue an invoice until the amount of 6 euros per use of the Service is accumulated, or at least it will issue an invoice every quarter. In the event that the Client is late in the payment of the charges, they will be considered past due debt, and BT may undertake non-payment actions that BT deems appropriate and charge the default interest at a time equivalent to the legal interest of the money, plus 1, 5% additional. This type of interest will also be applicable to BT, on those claims made to the Client to which it is entitled. In the event that the Service Client and the person responsible for its payment do not coincide, BT may claim the non-payment of an invoice from both.
Invoice contents. The invoice will show a breakdown of the charges corresponding to the use of the service, which will be made up of registration fees, monthly or subscription fees corresponding to the expired period, in accordance with the prices in force at that time. At the time of contracting this Service, the applicable charges for use will be delivered to the Client, duly communicated to the Administration and to the Associations of Consumers and Users. BT may modify the charges by notifying the corresponding authorities at least 10 days in advance for public knowledge.
One invoice: The Client accepts that if he contracts more than one telecommunications service with BT, said services will be billed in a single invoice, the charge of which will be made in accordance with the provisions of this clause.
The Parties agree that during the term of the Contract, the Charges for the Services will increase each year with the modification that the Spanish General Consumer Price Index (CPI) has experienced in the immediately preceding period of twelve (12) months, from in accordance with the indices set by the National Institute of Statistics or Agency that replaces it for the national group. This adjustment will be made annually on January 1 of each year from the FSO, said increase being prorated, for the first year the first contract annuity until the following January 1. In the event that, when the date on which the review can take place, the definitive indices have not been published, the provisional indices may be applied if they are known or, failing that, those of the previous year will be taken into account until the provisional ones are know, proceeding to make the appropriate corrections when those others were known, paying once, in the first monthly payment following the definitive data is known, the difference in their case existing between it and the provisional one that was applied.
Data protection.
BT informs the Client that the data provided in this document, or voluntarily by any other means, may be processed by BT, as well as by the operators whose intervention is necessary for the provision of the Service, associated companies, distributors and agents alone. effects of fulfilling the purposes indicated in the previous paragraph. The Client is informed that the traffic data processed and stored to establish communication, as well as for the billing of services and interconnection payments with other operators, will only be processed during the period in which the invoice can be challenged or the payment, in accordance with applicable legislation.
In the event that BT uses the personal data for the commercial promotion of electronic communication services and the provision of value-added services, BT will require, one month in advance of the start of the commercial promotion or provision of the service that In question, the consent of the Client, considering that the Client consents if within a period of one month from the receipt of the request, the latter does not pronounce on the matter. In said communication, which may be carried out jointly with the sending of the invoice / s corresponding to the service provided, BT will inform the Customer about the type of service / s for which the treatment will be carried out, types of data that will be subject treatment and the duration of it. BT will provide the Customer in this communication with a simple means that does not imply any cost for the same (pre-paid shipping or free phone number), so that the latter can express their refusal to process the data. The Client may at any time withdraw their consent to the processing of traffic data referred to in this section.
In accordance with Instruction 1/2000, of December 1, 2000, of the Data Protection Agency, regarding the rules governing international data movements, BT informs the Client of the need to transfer their data with the purpose of keeping a central control of customers for all BT Group companies, to British Telecommunications plc., an English company domiciled in London, 81, Newgate Street, EC1A7 AJ, and to all BT Group companies, expressly consenting and authorising the Customer said communication. The latter may express their refusal to such communication by checking the box attached below.
Any other use or communication of data to third parties will be previously communicated to the Client and will require their express consent.
The Client has the right to obtain information on their data and to request its rectification, opposition or cancellation by any means that allows proof of the sending and receipt of their request.
The request must be addressed to BT España, Compañía de Servicios Globales de Telecomunicaciones, S.A.U., as responsible for the file, at the following address: C / Isabel Colbrand 6-8; 28050 Madrid indicating the reference “Data Protection”.
In the Client’s request it will be stated:
- Name, surnames and photocopy of National ID card.
- Petition in which the request is specified.
- Valid address for receiving notifications.
The Client may at any time withdraw their consent to the processing of the traffic data referred to in this section.
Specific Terms.
The specific conditions agreed with the client regarding the characteristics of the service, individual levels of quality thereof and compensation associated with non-compliance, prices, contractual period, compensation and reimbursement policy, types of maintenance offered and information to the client in relation to protection of your personal data, among others, will be included in the Service Contract or in the specific service Appendix that, in each case, the Client hires.
Compensation for interruption of service.
The Client who suffers a temporary interruption of the Service duly communicated to BT, will have the right to obtain compensation or reimbursement in the invoice corresponding to the period immediately considered, as detailed below:
When during a billing period, the Client suffers temporary interruptions of the Service, he will be entitled to compensation in the invoice corresponding to the period immediately considered, which will be the following depending on the affected service.
(a) Compensation for interruption of telephone service available to the public. When, during a billing period, a subscriber suffers temporary interruptions of the telephone service available to the public, the operator must compensate with an amount that will be, at least, equal to the greater of the following two: a) the average of the amount billed by all services interrupted during the three months preceding the interruption, prorated for the duration of the interruption. In the case of less than three months old, the amount of the average invoice in the full monthly payments made or the one that would have been obtained in an estimated monthly payment in proportion to the period of effective consumption made, and b) five times the monthly fee subscription or equivalent in force at the time of the interruption, prorated for the duration of the interruption. The This compensation will be automatic when the interruption of the service implies the right to compensation of more than 1 Euro, and will be added to that associated with the breach of quality commitments (article 11.1 of Order ITC / 912/2006).
(b) Compensation for interruption of other services. The operator will offer compensation of 1/30 part of the monthly fee for each hour per month that the service is not available in its entirety, the interruption being the result of the sum of times elapsed from the break or inutilization in the service until its reinstatement. To calculate the start of the interruption, the first of the following two events will be taken: a) notification by the subscriber of the failure notice to the operator, or b) the moment of registration by the operator of the incident produced. The value of the quality commitment referred to the time of interruption of the service will be expressed in a whole number of calendar hours accumulated during the billing period.
The client must request said compensation, within a maximum period of one month from the date the complaint was closed, providing the reference of the same, calling the BT customer service number 900 814 814 (901 111 109 for corporate clients). The operators will specify in the contracts if the compensation in case of non-compliance with the quality commitments will be carried out automatically or will require a request through the BT customer service department.
If the temporary interruption of the Service is due to force majeure, BT will return to the Customer the amounts corresponding to the fixed monthly charges or subscription fees and other independent of traffic, prorated for the time that the interruption lasted.
Notwithstanding the foregoing, BT will not be responsible for temporary interruptions of the Service, when they are motivated by any of the following causes:
- Serious breach by the subscriber of the contractual conditions, especially in the case of fraud or late payment that will lead to the application of the temporary suspension and definitive interruption of the service in which fraud or delay has occurred.
- Damage to the network due to the connection by the subscriber of terminal equipment that has not assessed conformity, in accordance with current regulations.
- Breach of the code of conduct by a client that provides additional pricing services, when the ownership of the subscription contract corresponds to the latter.
The Customer is responsible for ensuring that any equipment or item that is not supplied by BT and that connects to the network, is approved by the appropriate authority and meets the appropriate technical specifications. BT is responsible for the installation and management of the accesses necessary for the provision of the service.
The Customer must report the problems detected in the Service by calling BT Customer Service. The reception of fault calls is 24 hours a day, every day of the year. The Breakdown Repair Service is provided from 8:00 a.m. to 6:00 p.m. on weekdays.
BT will provide the Customer upon request via the Web with standard monthly traffic reports for consumption.