dT Business GPON Fibre - Contract Terms and Conditions
DIRECT TELECOM undertakes to provide the Client with the service or services (hereinafter the “Service(s)”), as specified in the SERVICE CONTRACT Document accompanying this application or in any subsequent amendments thereto (hereinafter the “Order”), under the terms and conditions set forth in these specific service conditions attached as an annex to this document (collectively referred to as the “Contract”). Both parties appear freely and with full legal capacity, as they declare, and accordingly agree to enter into this CONTRACT, and to this effect,
STATE
I.- That DIRECT TELECOM possesses the technical and human resources, as well as the necessary authorizations, to properly provide the services described in this contract.
II.- That DIRECT TELECOM is a telecommunications service operator duly authorized to provide Internet access services to end clients in Spain, in accordance with the technical specifications of this contract.
III.- That the CLIENT is interested in contracting, as an end user, the services of DIRECT TELECOM under the terms, conditions, and limitations set forth in this contract.
IV.- That both parties, having reached a mutual agreement, have decided to enter into this contract under the following conditions,
GENERAL CONDITIONS OF THE SERVICE(S) PROVIDED BY Dial Direct Telecom S.L.
1. PURPOSE OF THE CONTRACT
1.1.- By signing this Contract, the individual or legal entity whose details are recorded in the header of this document (hereinafter the Client) contracts with Dial Direct Telecom S.L. (hereinafter DIRECT TELECOM), with Tax ID B38585204 and registered office at C/ La Borda 1, Rosa de los vientos Local 1, Adeje - 38670 S/C de Tenerife, one or more services (hereinafter the Service(s)) offered by DIRECT TELECOM, the characteristics of which are specified in the General Conditions of this Contract as well as in the formulated Order Form (hereinafter the Order), or in any subsequent amendments thereto, attached as Annex 1 to this Contract.
1.2.- The Client may request modifications to the configuration of the Service(s) covered by this Contract at any time, provided it is technically feasible and the necessary infrastructure is available to implement such changes. The addition of new Service(s) or modifications to existing ones, provided the aforementioned requirements are met, will be subject to billing by DIRECT TELECOM in accordance with the applicable rates.
2. FINANCIAL CONDITIONS
2.1.- In consideration for the provision of the Service(s), DIRECT TELECOM will receive from the Client the price stipulated in the Order.
Billing for the Service(s) will commence on the effective date of the Contract, as reflected in clause 6.3. The Service(s) will be invoiced monthly in advance, with the addition of VAT or IGIC and any other applicable taxes in force, and payment must be made by the Client within thirty (30) days following the issuance of the invoice via direct debit. Accordingly, the Client expressly authorizes DIRECT TELECOM to charge the bank account specified on the first page of this contract for the amounts corresponding to the contracted service during the term of the contract. This authorization applies to any variations in the amount to be invoiced when the contracted service results in variable consumption. The first monthly invoice will include: a subscription fee for the month in which the service is activated, and/or, where applicable, a prorated fee for the corresponding period.
2.2.- DIRECT TELECOM provides its clients with a Maintenance service at no additional cost, provided the Client is up to date with their payments and the need for this service arises from the normal use of the equipment. Normal use does not include any negligent or intentional actions by the Client or third parties unrelated to DIRECT TELECOM. In the event of returned or unpaid invoices, and after prior notice by any means that confirms receipt, sent to the address specified in the Order for such purposes, the Client will have a maximum of ten (10) days to settle the outstanding amount; failure to do so will entitle DIRECT TELECOM to suspend the Service(s) under the terms provided by current regulations. In any case, the outstanding amounts, including expenses incurred by DIRECT TELECOM due to returns or non-payment, will accrue interest at the legal reference rate plus four percentage points from the date payment was due. Failure by DIRECT TELECOM to claim the debt within the aforementioned periods does not constitute a waiver of its right to collect said amount, and such a claim may be made at any time following the Client’s non-payment.
2.3.- If the Client requires a specific project, DIRECT TELECOM will submit a prior quote to the Client, and if accepted by the Client, the corresponding amounts will be invoiced.
2.4.- Billing by DIRECT TELECOM may in the future be carried out through the issuance of electronic invoices in accordance with the legal requirements applicable at that time, to which the Client hereby consents. If technical difficulties prevent invoicing in the period immediately following the accrual, the invoice may be submitted for payment in subsequent periods.
3. OBLIGATIONS OF THE CLIENT
3.1.- The Client must comply with the payment obligations under the terms set forth in the preceding clause. For liability purposes, both parties acknowledge that DIRECT TELECOM acts solely as an intermediary to provide access to the Client as an end user, such that the Client is solely responsible for:
(a) Any use made of the Service(s);
(b) Any breach of applicable regulations resulting from or in connection with the use of the Service(s), or in relation to any aspect of the content, data, and/or information transmitted, including, without limitation, the rules governing the use of the Service(s) covered by this Contract, provisions on data protection, international communications, export of technological information, consumer and user protection, confidentiality, secrecy of communications, infringement of intellectual or industrial property rights, rights to honor or privacy (the Client undertakes to take appropriate measures to prevent any unlawful intrusion into the privacy of individuals or legal entities or any violation of third-party rights to honor), as well as any defect or omission in ownership or authorization, both in relation to the use of the service and the transmission, public communication, distribution, transformation, etc., of the content, data, and/or information transmitted.
3.2.- If necessary for the provision of the Service(s), the Client shall grant access to its premises to personnel authorized by DIRECT TELECOM, duly identified, to carry out activations, cancellations, modifications, installation inspections, maintenance operations, fault detection or repair, dismantling, and removal of equipment owned by DIRECT TELECOM, and in any case deemed necessary for the proper provision of the Service(s). The Client shall also facilitate such access for the removal of equipment owned by DIRECT TELECOM in the event of termination of this Contract, regardless of the reason for such termination.
3.3.- If, during an intervention involving access to the Client’s premises, it is conclusively demonstrated that the cause of a fault is due to improper handling of DIRECT TELECOM’s equipment by the Client, or if no fault is found, DIRECT TELECOM reserves the right to charge the Client for the costs incurred by such intervention.
3.4.- If the Client intends to receive the Service(s) at a location or site different from the one contractually agreed upon, the Client must notify DIRECT TELECOM to confirm the feasibility of such a transfer, obtain the corresponding authorization from DIRECT TELECOM, and, where applicable, carry out the necessary arrangements to implement the change. In such cases, DIRECT TELECOM reserves the right to apply a financial surcharge.
3.5.- Likewise, the Client shall be obliged to:
(a) Respect the integrity of DIRECT TELECOM’s network in accordance with the parameters stipulated in this contract for the provision of the service.
(b) Not resell, lease, or otherwise make available to third parties other than the Client any network functionality or service covered by this Contract without prior written authorization from DIRECT TELECOM.
(c) Provide DIRECT TELECOM with the information necessary to comply with all legal obligations that may be required for the performance of its activities, in accordance with the purpose of this Contract.
(d) Strictly comply with the technical specifications provided by DIRECT TELECOM at any time for accessing its network to ensure the integrity of the network and continuity of the service.
4. OBLIGATIONS OF DIRECT TELECOM
4.1.- DIRECT TELECOM shall provide the Service(s) in accordance with the conditions established in these General and Specific Conditions as well as in their Annexes. DIRECT TELECOM will use all reasonable means to provide the Client with the Service(s) on the agreed date but will not be liable for circumstances or events beyond its control, such as delays, interruptions, or malfunctions of the Service(s) attributable to third-party operators or service companies, government actions, lack of access to third-party networks, acts or omissions of public authorities, or fortuitous events or force majeure.
4.2.- DIRECT TELECOM undertakes to implement appropriate measures, in line with the state of technology at the time, to ensure the confidentiality and security of the information and data contained in the software applications related to the Service(s) used by the Client and to prevent unauthorized access to them. DIRECT TELECOM will not be liable under any circumstances for:
(a) Costs, fines, penalties, damages, charges, or fees arising from the Client’s failure to comply with its obligations under the Contract;
(b) The content, use, and publication of information and communications transmitted through the Service(s), as well as the use and results obtained from the Service(s) by the Client and its users;
(c) Any violation by the Client of applicable regulations resulting from or in connection with the use of the Service(s), including, without limitation, provisions on data protection, international communications, export of technological information, consumer and user protection, confidentiality, secrecy of communications, and privacy rights in relation to the content of transmitted communications.
4.4.- It is the policy of DIRECT TELECOM to respect the privacy of its clients and users of its services. DIRECT TELECOM will not monitor, edit, or disclose personal information about users of the Service(s) or their use of the Service(s), including their content, without the Client’s prior consent, unless DIRECT TELECOM reasonably believes such actions are necessary to:
(1) Comply with legal or judicial requirements or processes;
(2) Protect and defend the rights of DIRECT TELECOM, other clients, or third parties involved;
(3) Enforce the commitments of these General Conditions or their Annexes.
5. LIMITATION OF LIABILITY
5.1.- In the event of a breach of the Service(s) Guarantees stipulated in the Specific Conditions or the Order, solely attributable to DIRECT TELECOM, the Client will be entitled to compensation in accordance with the principles and maximum amounts set forth in the Specific Conditions or the Order. Such compensation constitutes a penalty clause and replaces any other compensation for malfunctions, interruptions, failures, or breakdowns of the Service(s) that the Client may be entitled to, fully settling any losses of the Client, whether direct or indirect, including loss of profits, revenue, business opportunities, cost savings, or loss or deterioration of data. The evaluation of compliance with these guarantees will be based on the technical records of DIRECT TELECOM’s technological platform. In the event of one or more breaches of the aforementioned guarantees by DIRECT TELECOM, the Client must inform DIRECT TELECOM and claim the appropriate compensation by any means that confirms receipt within a maximum period of fifteen (15) days from the occurrence of the events in question. After this period, the Client will lose any rights against DIRECT TELECOM based on these events.
5.2.- DIRECT TELECOM undertakes to take the necessary measures to ensure the permanence, continuity, and quality of the provision of the contracted Service(s). In any case, DIRECT TELECOM will comply with the quality levels established by current regulations and those specified in the Specific Conditions. However, DIRECT TELECOM will not be liable for defective provision or interruption of the Service(s) in the following cases:
(a) Force majeure;
(b) Serious breach by the Client or persons under its responsibility of the conditions established in this Contract, particularly in cases of fraud or payment delays;
(c) Damage to the network caused by the Client’s connection of non-approved terminal equipment or equipment whose conformity has not been evaluated or validated in accordance with current regulations;
(d) Anomalies due to actions or omissions directly attributable to the Client and/or users, their contractors, employees, or personnel under their service;
(e) Lack of any permits required for installation or modifications to the technical specifications of the installed equipment, attributable to the Client;
(f) Interruptions or irregularities in the Service(s) provided by DIRECT TELECOM due to causes beyond its control;
(g) Loss of profits or opportunities directly or indirectly caused by incidents or interruptions in the provision of the Service;
(h) Interruptions of the Service caused by power outages and/or deficiencies or interruptions in the electricity supply;
(i) Administrative or judicial resolutions.
5.3.- In all other cases, DIRECT TELECOM’s liability arising from this Contract will be limited to fifty percent (50%) of the total payments actually made by the Client to DIRECT TELECOM during the twelve (12) months preceding the event causing the damage, both for each incident and for the sum of all incidents occurring in that period.
5.4.- In the event of cessation of activities by DIRECT TELECOM, it will take appropriate measures to ensure that the Client is not affected in the contracted Service(s). DIRECT TELECOM reserves the right to sell the infrastructure created to the access line provider it deems appropriate and under the conditions imposed by DIRECT TELECOM.
5.5.- DIRECT TELECOM may occasionally interrupt the provision of its services to carry out improvement work, repairs, equipment changes, or similar activities, although such interruptions will be as brief as possible and will, whenever feasible, take place during periods of minimal usage. The Client acknowledges the need to allow such interruptions and that DIRECT TELECOM, provided it gives appropriate notice to the Client, will not be obliged to compensate the Client in any way for them. In the absence of notice, the compensations provided in the Specific Conditions will apply.
5.5.- To safeguard the integrity of the Network and provide the Service(s) specified in the Order with the Guarantees offered by DIRECT TELECOM, it may suspend the Service(s) and disconnect from its Network any equipment used by the Client if the Client engages in activities likely to cause harm or damage to persons, equipment, systems, media, and/or networks of third parties and/or DIRECT TELECOM (such as, among others, sending viruses, “Trojan horses,” ping floods, DOS attacks, bombing, spamming, and any similar activities originating from the Client’s systems), effective from the moment DIRECT TELECOM sends a request to cease such activities via fax/email. If the Client connects to an external system (server, firewall, router, etc.) without authorization and through fraudulent and illegal means, DIRECT TELECOM may immediately suspend the Service and disconnect the Client’s equipment from its Network.
6. DURATION AND EARLY TERMINATION OF THE CONTRACT
6.1.- The duration of this Contract is determined by the modality and duration selected in the application form, starting from its effective date. During this period, the Client will be obliged to keep up with the monthly payments for the contracted Service(s).
6.2.- Upon completion of the initial term, the Contract will automatically and tacitly renew for successive one-year periods unless either Party expresses its intention not to renew, by written notice at least one (1) month prior to the expiration of the initial term or any of its extensions.
6.3.- Unless otherwise specified in the Order, this Contract will take effect when DIRECT TELECOM informs the Client, through a document called Service Activation provided to the Client via email, that the Service(s) is available, unless the Client duly demonstrates and justifies the unavailability of the Service(s). Either Party may terminate the Contract early at any time, with immediate effect, by written notice in the following cases:
(a) If either Party enters insolvency proceedings under the provisions of Law 22/2003, of 9 July, on Insolvency.
(b) If the Client breaches its obligations under the Contract.
(c) In the event of repeated and unjustified failure by DIRECT TELECOM to fulfill its obligations to provide the Service(s).
(d) By the Client’s choice, with a minimum of two (2) days’ notice to DIRECT TELECOM before it takes effect.
(e) In the event of force majeure.
7. CONTRACTUAL DOCUMENTS
7.1.- These General Conditions, the Specific Conditions, the entire content of the Order attached as Annex 1, and any other Annex signed by the parties and attached to these General Conditions, constitute, for all purposes, a single Contract binding on the Parties under the terms set forth herein. In the event of any conflict between the content of these General and Specific Conditions and their Annexes, the latter shall prevail.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1.- The parties undertake to maintain confidentiality regarding all information and documentation provided by the other party under this Contract or obtained directly or indirectly in connection with the other party’s activities or those of companies within its group, as well as all information relating to the conditions and terms of this Contract. However, the Client authorizes DIRECT TELECOM to use its name, brand, and logo as a commercial reference if deemed appropriate.
8.2.- For the purposes set forth in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 and its implementing regulations, and in Law 9/2014, of 9 May, General Telecommunications Law, the Client is informed that their personal data will be processed by DIRECT TELECOM under its responsibility for the purpose of managing this contract and as necessary for the maintenance, development, and control of their contractual relationship and the management of DIRECT TELECOM’s Services. The Client is informed that the following data, by way of example, relating to their traffic and billing will be processed: telephone number, location, type of terminal used, modem/router, volume of data transmitted, payment-related data, and any other data that may become necessary in the future for the management of traffic and billing of the Services. The legal basis legitimizing the aforementioned processing is the execution of the contract or commercial relationship. The provided personal data will be retained for 5 years after the termination of the contract due to legal obligations, and the Client may exercise their rights of access, rectification, erasure, objection, restriction, and portability of said personal data by sending a written request to the address of Dial Direct Telecom S.L. (C/ La Borda 1, Rosa de los Vientos Local 1, Adeje 38670 - S/C de Tenerife). Additionally, the Client has the right to lodge a complaint with the Spanish Data Protection Agency, as the competent Supervisory Authority in Spain. If it is necessary to contact our Data Protection Officer, this can be done at the following email address: info@direct-telecom.es. Furthermore, THE CLIENT consents to DIRECT TELECOM using their data to send commercial information and advertising related to services or products of DIRECT TELECOM or companies exclusively within its group that may be of interest. If the Client does not wish to receive such advertising, they may express their objection at any time by contacting DIRECT TELECOM at the address indicated in this clause. If the Client has provided a mobile number or email address, DIRECT TELECOM may also send information related to contracted products and/or services via SMS or email, in addition to postal or telephone communication. The Client consents to DIRECT TELECOM sharing their personal data with entities affiliated with DIRECT TELECOM or collaborating in the contracting, provision, and maintenance of the Services, for the purposes of maintenance, development, and control of the Services or for commercial information and advertising activities related to DIRECT TELECOM’s services or products. Additionally, DIRECT TELECOM may verify the Client’s creditworthiness, either directly or through a third party acting on its behalf, by accessing reports from financial institutions and/or automated files where personal data has been obtained in accordance with applicable regulations, as well as verifying the accuracy of the data provided by the Client. By signing the Contract, the Client authorizes the automated processing and retention of this financial solvency data for statistical purposes and the assessment of solvency and risk prior to the activation of the Services, which will be deleted once they are no longer necessary or relevant for the purpose for which they were collected or recorded. We inform you that in the event of non-payment for all or part of the contracted services, DIRECT TELECOM may report this to creditworthiness and credit information files, services, and entities in accordance with applicable regulations. DIRECT TELECOM undertakes to fulfill its duty to maintain the confidentiality of personal data and will adopt the necessary measures to prevent its alteration, loss, unauthorized processing, or access, taking into account the state of technology at all times.
8.3.- The Client consents to DIRECT TELECOM recording calls that the Client may make or receive from the customer service department. Such recordings are made for the purpose of improving the quality of the services provided under the contract, verifying customer satisfaction, and confirming the contracting of services.
8.4.- The Client is responsible for the diligent custody and confidentiality of passwords, access codes, or encryption or communication security systems provided by DIRECT TELECOM, if applicable. These security mechanisms may only be used by the Client or a duly authorized person, and the Client will be solely responsible for any unauthorized use.
9. FORTUITOUS EVENT AND FORCE MAJEURE
9.1.- Neither Party will be liable for damages suffered by the other Party resulting from the failure to fulfill its obligations under this Contract if such failure is due to a fortuitous event or force majeure. However, the Client will not be released from payment obligations arising from the Contract for this reason.
9.2.- In the event that, due to a fortuitous event or force majeure, either Party is unable to fulfill its obligations under this Contract, it will notify the other Party as soon as possible. If DIRECT TELECOM is unable to provide the Service(s) for a period exceeding three (3) months due to such circumstances, the Client may choose to cancel the provision of the Service(s) at the affected sites or terminate the Contract. If only some sites are affected, the Parties will cooperate and make reasonable efforts to provide a substitute service. The events referred to in this clause include, but are not limited to, the following:
(a) Partial or total strikes, lockouts by third parties, adverse weather conditions, epidemics, blockages of transportation or supply means regardless of the cause, earthquakes, fires, storms, floods, water damage;
(b) Governmental, legal, or regulatory restrictions, as well as the termination, for reasons not attributable to DIRECT TELECOM, of the contract(s) entered into by DIRECT TELECOM with the owner(s) of the software;
(c) Continuous or systematic delays in the manufacture, production, or supply by third parties of any software or hardware components to be provided by DIRECT TELECOM, provided that DIRECT TELECOM takes all contractually available measures to avoid such delays.
10. ASSIGNMENT AND SUBCONTRACTING
10.1.- The Client may not, in whole or in part, assign, transfer, or otherwise dispose of its rights and/or obligations under this Contract to third parties without prior written consent from DIRECT TELECOM.
10.2.- DIRECT TELECOM may subcontract the performance of any of its obligations under the Contract and assign the Contract to third parties or any affiliated company or company within the DIRECT TELECOM group, to which the Client expressly consents as of now.
10.3.- The Contract may also be terminated at the Client’s discretion, provided it is communicated in writing to DIRECT TELECOM with a minimum notice of two business days before it takes effect.
11. CUSTOMER SERVICE, CONTACT, AND INFORMATION
11.1.- DIRECT TELECOM has a Customer Service Department, accessible free of charge, aimed at addressing and resolving complaints and claims as well as any contractual issues raised by its clients. Accordingly, the telephone number, address, and email address for contacting the department are as follows:
Telephone: +34 922 711 003
Address: C/ La Borda 1, Rosa de Los Vientos Local 1 - Adeje 38670 S/C de Tenerife
Email: info@direct-telecom.es
11.2.- All information referred to in Article 12 of Royal Decree 899/2009, of 22 May, which approves the charter of rights for users of electronic communication services, is available to interested parties on the website: www.direct-telecom.es
12. APPLICABLE LAW AND ARBITRATION
12.1.- This Contract will be governed and interpreted exclusively in accordance with Spanish law. The parties, expressly waiving any other jurisdiction that may correspond to them, submit any disputes regarding the interpretation of this Contract to arbitration under the law by the Official Chamber of Commerce and Industry of S/C de Tenerife and expressly commit to complying with the arbitral award issued. Other disputes arising from the application of this Contract will be submitted to the competent ordinary courts.
12.2.- If any clause of this Contract is declared wholly or partially null or void by a competent court, such nullity or voidance will only affect that provision or part thereof that is null or void, without affecting the validity of the remaining provisions, which will retain their binding force, with the Contract subsisting in all other respects, and such provision or part thereof being deemed not included. This will not apply to provisions whose removal would significantly impair the balance of reciprocal obligations between the parties. The parties undertake to negotiate in good faith a new clause to replace the nullified one, within terms compliant with the law.
SPECIFIC CONDITIONS OF THE SERVICE GUARANTEED BY DIRECT TELECOM
The purpose of the service is to provide guaranteed bandwidth, as per these Specific Conditions, through the provision of access lines, for companies requiring quality and security in Internet access. The Client uses the network subject to provision as an end user.
1. PROVISION OF THE SERVICE
1.1.- Dial Direct Telecom S.L. (hereinafter DIRECT TELECOM) undertakes to provide the Client with the Service, hereinafter “Service,” specified in the Order attached as Annex 1 or in any subsequent amendments thereto (hereinafter the “Order”), under the terms and conditions set forth in this Contract.
2. CONNECTION EQUIPMENT AT THE CLIENT’S PREMISES
2.1.- To enable the provision of the Service, DIRECT TELECOM or its subcontractors may install the necessary equipment, including software, at the Client’s premises for the use of the Service(s), which will be located at a Client’s site and connected to access lines provided by DIRECT TELECOM or third parties (hereinafter the Equipment). If the Client provides the Equipment, and to provide the Service(s) in accordance with the Service Availability Guarantees (hereinafter the Guarantees) set forth in the Contract, it must be from the list of equipment approved by DIRECT TELECOM and comply with the technical requirements established by current regulations.
2.2.- The Guarantees and Compensations specified in clause 4 will only apply if the Equipment used is expressly accepted by DIRECT TELECOM.
2.3.- Equipment provided by DIRECT TELECOM will be on a rental basis unless otherwise expressly agreed by the Parties. In this case, the Client will not acquire ownership of the delivered Equipment, nor may they tamper with it without the express consent of DIRECT TELECOM, nor assign or deliver it to third parties, and must keep it in their possession during the term of this Contract and use it exclusively at the location and for the purpose contracted.
2.4.- Maintenance may only be performed on equipment expressly accepted by DIRECT TELECOM and provided it is used solely for DIRECT TELECOM connectivity services.
2.5.- In all cases (whether the Equipment is provided by DIRECT TELECOM or the Client), it is an essential requirement for the provision of the Service(s) that the management of such Equipment be carried out by DIRECT TELECOM.
2.6.- This Equipment will be covered by the warranty granted by DIRECT TELECOM in each case: replacement or repair in the event of a fault.
2.7.- The Client assumes sole responsibility for the consequences, damages, or actions that may arise from the configuration, tampering, or improper use of said Equipment. DIRECT TELECOM will not be liable for the Client’s infringements affecting the rights of the product manufacturer, including copyright, trademarks, patents, licenses, confidential information, and any other intellectual or industrial property rights.
2.8.- The Client is responsible for damages caused by the use, installation, or unauthorized tampering of the Equipment provided to them, and any resulting claims will be at their expense.
2.9.- The Client may not sell, encumber, or otherwise dispose of the Equipment without prior written consent from DIRECT TELECOM. Likewise, the relocation or removal of the Equipment from the site, as well as any modification, repair, or intervention on DIRECT TELECOM’s Equipment, will require prior written consent from DIRECT TELECOM. The Client assumes the risk of loss or deterioration of the Equipment from the moment of its delivery at the corresponding site, being responsible for its safekeeping and use. In the event of loss, theft, damage, etc., not attributable to DIRECT TELECOM, a financial penalty will be applied equivalent to the acquisition cost by Direct Telecom of each damaged piece of equipment, including taxes, duties, and similar applicable charges, without prejudice to any damages that may be claimed by DIRECT TELECOM on other grounds. If the equipment can be repaired or replaced, the Client undertakes to pay the amount accrued as compensation to DIRECT TELECOM. The Client will under no circumstances carry out repairs on the equipment; any circumstances mentioned in this paragraph affecting the equipment must be immediately reported in writing to DIRECT TELECOM for it to decide on the appropriate course of action.
2.10.- The Client will be solely responsible for any claims arising from the installation, operation, and management of Equipment that is not owned by DIRECT TELECOM.
2.11.- If the Contract is terminated due to causes attributable to the Client, the Client will bear the costs of dismantling and removing the Equipment.
2.12.- DIRECT TELECOM is not obliged to provide electrical installations, electricity, or any construction work necessary at the Client’s premises for the provision of the Service(s).
2.13.- The installation report will include an inventory of the Equipment provided, which will be acknowledged by the Client by signing the report.
3. COSTS EXCLUDED FROM THE CIRCUITS
3.1.- The cost of the circuits does not include the following services, which must be contracted and paid for separately according to the Client’s choice as reflected in the Order Form attached to the Contract: Circuit Activation - The Client will pay a Fee of 149€ + taxes for Activation, as specified in the Order Form attached to the Contract, unless otherwise agreed by the parties. The provisions of Clause 6, section 6.2 on Duration and Early Termination of the Contract in the General Conditions will apply.
4. GUARANTEES AND COMPENSATIONS
MODALITY (All) - Corporate service availability guarantee: 98%.
4.1.- GUARANTEES:
(a) The values of the Service Availability Guarantee represent the percentage of time during which the Service is available at the Access Point to DIRECT TELECOM’s Network.
(b) The calculation period for these guarantees is the calendar month, with no shorter periods considered.
4.2.- COMPENSATIONS:
(a) Compensation for failure to meet availability guarantees for the Service will begin to apply after 24 hours of service interruption, accumulating and/or adding daily partial ratios for such compensation.
(b) Compensation will be calculated based on the time during which the Client has not received the service, proportional to the cost incurred had the service not been interrupted.
(c) The response and resolution time for an incident reported by THE CLIENT from its opening at DIRECT TELECOM’s Network Observation Center will be a maximum of 24 hours from the time of notification during business hours, Monday to Friday from 09:00 to 17:00, and reported in writing by email to support@direct-telecom.es. The Network Observation Center is available to the Client 24 hours a day, 365 days a year.
5. DECLARATION AND SIGNATURE
5.1.- The Parties declare that they know and accept the terms and conditions contained in these General and Specific Conditions and their Annexes, constituting for all purposes a single Contract to be interpreted as a whole.
In witness thereof, the parties sign this agreement in duplicate and to a single effect, at the place and date indicated in the heading.
