GENERAL CONDITIONS

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ORIGEN NETWORKS TELECOM S.L.

1.- PURPOSE OF THE CONTRACT

By this contract, the company ORIGEN NETWORKS TELECOM S.L., SCE with CIF: B44548709, hereinafter ORIGEN NETWORKS, through these general conditions, makes available to the Client the  access Service to: publicly available telephony, internet access and in general any electronic communications service (hereinafter “the Service”).
 

2.- QUALITY AND SPEED

ORIGEN NETWORKS will comply with the quality levels required by current regulations. ORIGEN NETWORKS will provide the Customer with a telephone number for incident response.  ORIGEN NETWORKS will not be liable for the improper functioning of the Service if this is due to manipulation of the Customer’s configuration or equipment. ORIGEN NETWORKS will not be liable for interruptions or malfunctions of the Service due to force majeure, extreme emergency situations such as labor disputes or lockouts, war,  military operations, civil unrest, or any other similar situation. The contracted access speed refers to the maximum speed achievable at the transport layer and may be lower at certain times. Internet speed is not guaranteed. This may be due to multiple external factors or factors beyond the control of ORIGEN NETWORKS,  and ORIGEN NETWORKS is not responsible for any temporary or permanent event or circumstance. The Customer must adhere to the company’s instructions and communications regarding the correct use  of the Internet access/data services. In the event of a service interruption, the company will simply compensate the customer with a refund already in accordance with the criteria for the event.

3.- BILLING AND PAYMENT METHOD

 

ORIGEN NETWORKS will invoice the Client monthly for the amounts owed for the provision of the Service covered by this contract. The invoices will itemize the  amounts owed for each of the aforementioned concepts. Payment will be made, as a general rule, through the usual collection reflected in the  service provision contract as indicated in section 2. CONTRACTED SERVICES (Service Details). (whose holder assumes joint and several liability with the Client for the payment of the Services) and, in

Failing that, at ORIGEN NETWORKS registered office or designated offices. Any direct debit returned by the customer’s bank will incur a €10  return shipping cost.

4.- START OF SERVICE AND DISCONNECTION OF SERVICE

ORIGEN NETWORKS will proceed with the initial connection of the Service within 15 days of signing this contract, provided it has been duly completed. The Customer  authorizes  ORIGEN NETWORKS to carry out the necessary wiring and installations, such as antennas, cabinets, or any other element, both inside and outside their  home, for the provision of the Service contracted by the Customer.  ORIGEN NETWORKS will not be responsible for permits or authorizations with homeowners’ associations or  any other individual/collective entity or company name. The Customer will be responsible for requesting the relevant authorization.  ORIGEN NETWORKS may make changes to the  Customer’s systems, installations, and numbering, as required by technical and development needs. Once the Service is activated, it will remain activated for the Customer  until  ORIGEN NETWORKS has been notified in writing of the cancellation or change of ownership of the contract. However,  ORIGEN NETWORKS will make the disconnection effective within a maximum of  10 days from receipt of the request.

5.- ACCESS TO THE CUSTOMER’S ADDRESS

The Client will provide access to their home to authorized  ORIGEN NETWORKS personnel, duly authorized, to carry out registrations, deregistrations, modifications, inspections, maintenance for  repairs of breakdowns, and specifically for the removal of  ORIGEN NETWORKS equipment installed at the Client’s home for rent.

6.- TEMPORARY SUSPENSION AND PERMANENT INTERRUPTION OF THE SERVICE

Any delay in full or partial payment of the service by the Customer for a period exceeding three days from the invoice due date may result, with prior notice to the Customer, in the temporary suspension of the Service by  ORIGEN NETWORKS . In the event of temporary suspension of the Mobile Telephone Service due to non-payment, this will be maintained for outgoing emergency calls (112), as well as for incoming calls, with the exception of reverse charge calls.  ORIGEN NETWORKS will reinstate the suspended Service within one day.

Business day following the day on which it is confirmed that the appropriate amount has been paid in full.

7.- CLAIMS

In the event of a dispute by the Customer regarding the provision of the Service, the Customer must address the complaint to  ORIGEN NETWORKS ‘s registered office provided in this contract within  one month of becoming aware of the incident. The complaint, which must always be submitted in writing, will not justify delay or postponement of  payment of the invoices due. Furthermore, if the Customer has not received a satisfactory response from  ORIGEN NETWORKS  within one month, they may, within the  following three months, contact the Consumer Arbitration Board or the Secretary of State for Telecommunications and the Information Society.

8.- SECRET OF COMMUNICATIONS

ORIGEN NETWORKS will adopt the measures and install the technical means required by current regulations at all times to ensure the confidentiality of the signal content through its network.  ORIGEN NETWORKS  is exonerated from any liability that may arise from the acquisition, interception, and/or manipulation by the Client or third parties of voice communications  , data transactions, and, in general, any actions or omissions not attributable to ORIGEN NETWORKS  that violate the confidentiality of communications.

9.- PROTECTION OF PERSONAL DATA

ORIGEN NETWORKS TELECOM S.L. CO, is the Controller of the personal data of the Interested Party and informs you that these data will be processed in accordance with the provisions of  Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD). This processing will be carried out exclusively for the execution of the  contract and the data will be kept for no longer than necessary to maintain the purpose of the processing or as long as there are legal requirements that dictate their custody.

It is planned to share the data with third parties because it is necessary to achieve the purpose of the contract (installation companies, telephone companies, etc.) or due to a legal obligation. This  sharing will be done in compliance with the principles of privacy and will be solely and exclusively for the purpose of providing the service. The interested party is informed that they may exercise their rights  of access, rectification, deletion, and portability of their data, as well as the right to restrict or oppose processing, by contacting ORIGEN NETWORKS TELECOM S.L. Calle tridente 31 5º C C.P: 03540 Alicante – Alicante  Email: info@origennetworks.com, and if you consider that the processing of personal data does not comply with current regulations, you also have the right to file a  complaint with the Supervisory Authority ( www.aepd.es ). 

10.- TERMINATION OF THE CONTRACT

The Client and ORIGEN NETWORKS  have the right to terminate the contract for the general reasons for termination of contracts. Likewise, the Client or ORIGEN NETWORKS  shall have the right to terminate the contract  at any time by means of written notice fifteen days in advance of the termination date, to the ORIGEN NETWORKS  address indicated in this contract, attaching  supporting documentation from the Client and its representative, if necessary. The following will be grounds for automatic termination of this contract at the request of ORIGEN NETWORKS : (I) the termination of the contract;

of the term of the license or authorization that enables ORIGEN NETWORKS to provide the electronic communications services that are the object of the contract or the loss of said license for  any reason, without this giving rise to the Client’s right to any compensation, (II) for breach by the Client of any of the conditions of the contract in particular,  for misuse by the Client of the provisions of the general condition and in case of lack of veracity of the data provided by the Client. The termination of the contract for one or more of

The termination of the Services will not exempt the Client from fulfilling its obligations to ORIGEN NETWORKS, including payment obligations, arising from the use of the contracted Service until  the actual disconnection of the Service occurs. Once the contract has been terminated, the Client must make the corresponding payment of the amounts accrued at the  time of termination for access to the Services, technology, pricing plans, permanence commitments or promotions that so provide. In addition, the Client must return to

ORIGEN NETWORKS the equipment delivered and installed under Rental. To this end, the Client hereby undertakes and agrees to deliver  the equipment to ORIGEN NETWORKS through its offices located at Calle tridente 31 5º C C.P: 03540 Alicante – Alicante within a maximum period of one MONTH following  termination of the contract. Should the Client fail to provide the above information, the Client will be billed €150.00 (VAT included).

11.- NOTIFICATIONS

The parties agree that all communications regarding the provisions of this contract and its execution shall be in writing. For these purposes, the address indicated by the Client in this contract and ORIGEN NETWORKS registered office at Av. Calle tridente 31 5º C C.P: 03540 Alicante – Alicante, shall be deemed valid.  Any change or modification to the address specified in the contract must be communicated to the other party in writing.

12.- COMPLIANCE AND JURISDICTION

The parties agree to comply with the terms expressly agreed in this contract. For any matters that may arise from the interpretation and performance of this  contract, the parties expressly waive any other jurisdiction and submit to the jurisdiction and venue of the courts and tribunals of the city of Badajoz.
 

13.- COMMITMENT TO PERMANENCE

If applicable, the client accepts the permanence of the contracted service for a period that may range from 3 months to 24 months indicated in the service contract. This  permanence period is due to the fact that, on the part of the company, ORIGEN NETWORKS  subsidizes / finances the client equipment that will facilitate the proper use of the service such as, for example, Router,  Hardware, cabling, antennas, ONT, etc. The Client agrees to remain in the Services contracted with ORIGEN NETWORKS  during the period established or communicated and accepted by it at the time of contracting. This period begins on the date of contracting. In the event that the Client terminates this Contract with respect to all or some  of the contracted Services before the end of said period, thereby breaching the commitment assumed, the Client must pay ORIGEN NETWORKS  the amount established in the  Work Order or that was communicated and accepted by the Client at the time of contracting or the installation of the equipment in the client’s home, all due to the

Loss of the benefits made available to them and which are conditional on their continued employment. In addition to the above,  contract duration may be extended for special projects that involve or are associated with long-term commitments to third-party companies or high-value investments. These can be duly documented, but they must also be indicated in the service contract and accepted by the client.

14.- EQUIPMENT REQUIRED FOR THE PROVISION OF THE CONTRACTED SERVICES. RETURN

The client will be provided with the necessary equipment to access the contracted services under a LEASE agreement. Upon termination of the contract, for any  reason, the client must return to the company any equipment and accessories that were not purchased due to being leased, in good working order.  To this end, the company will contact the client in advance, request its return, and inform them of the procedure and deadline for doing so, which may not exceed 15  calendar days from the date the company has informed the client for this purpose. If the client does not return the required equipment to the company within this period, the  company reserves the right to invoice the client €150. Once the invoiced amount is settled, the equipment will remain the property of the client. If you cancel  your Fiber/Wimax service and do not return the equipment within 30 calendar days, you will be charged a penalty of €150 for your Fiber router/Antenna/ONU or any other device used to provide the  service.
 

15.- TYPE OF SERVICE

The service provided by ORIGEN NETWORKS TELECOM S.L. may be provided via internet, owned by ORIGEN NETWORKS TELECOM S.L., or via internet, a service provided by third-party companies. Whether the service is provided directly or indirectly (Backup services), the customer will be fully transparent, and every clause in this service contract will apply.

 

16.- CUSTOMER SERVICE

Customer service will be provided, for security reasons, by telephone with a recording of conversations, or by email. This allows for  a record of the actions carried out, regardless of the option chosen. For any questions related to the services provided in this contract, the Customer  may contact the Operator, either by telephone at (+34) 865400244, or via email  at info@origencloud.com, regarding any incident or query, after identifying and proving their personal circumstances. For any questions, the Customer can  be assisted from Monday to Friday from 9:00 a.m. to 7:00 p.m., and on Saturdays and Sundays from 10:00 a.m. to 7:00 p.m.