Terms & Conditions

Terms & Conditions for Netcom Telefonia España SL with CIF: B76288224  registered in the municipality of MOGAN in the province of LAS PALMAS DE GRAN CANARIA, Spain (further referred to as “NETCOM”) for our contracted clients (further referred to as “CLIENT” or “CLIENTS”) stated as the title holder for the signed contract with NETCOM. The Cookie Policy applies to everyone that accesses our website: www.netcom.red, and the rest of the terms & conditions below applies to all of our contracted CLIENTS. By signing a contract with NETCOM you are accepting all of the Terms & Conditions below

Cookie Policy

The Netcom web-page uses so called computer “cookies”. Cookies are small files that are stored locally on your device, these cookies are intended only for the functionality of our web-page www.netcom.red, the cookies can be deleted at any time by the client (this option is usually found inside your web browser). Regarding the online-payment option REDSYS (www.redsys.es) or any other page linked from the www.netcom.red site, this third party site may have a different cookie policy to that of Netcom and as such this cookie is not the responsibility of NETCOM and therefore you are advised to read the cookie policy at whichever respective site. Netcom is not responsible for any 3rd part web-pages including any cookie that is linking to the site of Netcom www.netcom.red. By continue using the page of Netcom www.netcom.red you accept to this cookie policy.

Use of contracted Services Provided by NETCOM

NETCOM offers different types of Internet Access to our clients, NETCOM is not monitoring any of the traffic made by the CLIENT, and respects the privacy of our CLIENTS.

For the use of these services the CLIENT is fully responsible for all traffic that is and has been made, both downloaded and uploaded content, whilst using the contracted service, including any traffic caused by virus, trojans and similar threats to the security. We therefore strongly recommend that our clients continually install the latest updated virus protections and regularly update their OS (Operating System for example: Windows, iOS, Android OS, Unix/ Linux etc) for all devices and equipment connected to the services offered from NETCOM.

NETCOM is not liable for any costs or damages related to the use of the services contracted with NETCOM.

Any extra costs that incurred, ie. by signing up to any online-subscription service on a web-page/payment or telephone service or similar will be fully charged to the client if the costs are being charged directly to us at NETCOM. The client is obligated to pay any extra cost to NETCOM caused by their use of the service.

For significant amount of extra costs NETCOM also retains the right to either suspend or cancel the line.

In the event of legal authorities contacting NETCOM, regarding any use related to a CLIENT, and where we are legally obligated to cooperate with the law enforcement to fulfill their request, we will comply to provide any such information as required. The Client should be aware that in such circumstances this information may have to be shared without the CLIENTS previous permission.

Actions could include the suspension of service contracted with NETCOM and in this case NETCOM will not compensate the client for any kind of economical losses. The client is not permitted to use their service for illegal purposes, including but not exhaustive to, severe crimes, terrorism, drug related crimes, trafficking, pedophilia, copyright infringement, hacking or any other type of illegal activity. It is the responsibility of the client to ensure that any users of their service are compliant with the terms and conditions of use.

WIFI (Wireless Network Connection)

The router that is provided with the service has a wireless internet connection (WIFI) which offers cable-less internet connections to devices such as smart-phones, laptop computer etc.

We advice our CLIENTS, in the interest of security, to keep the WIFI access code secret and only provide it to people that you fully trust, as the titleholder/CLIENT takes full responsibility for all traffic made through their access contracted with NETCOM. The periodic changing of the wifi password is therefore recommended. It should also be noted that heavy traffic from a connection, by multiple users could slow internet speeds. Netcom is available to advise the client should they have difficulty in changing this password or the WIFI name.

Net-neutrality

NETCOM is providing Internet according to the EU NET-NEUTRALITY code, signifying that we are neutral for whatever sites or streaming services the client wish to use through their Internet Access contracted with NETCOM, we will for example NOT decrease or increase the speed to certain sites or services. You can read more regarding this by clicking on the following link below explaining the EU-law:  

https://berec.europa.eu/eng/netneutrality/

GDPR/RGPD

(GDPR is the new EU law controlling how companies will handle personal data and came into force from 25/5-2018 for all business inside or outside the EU handling personal data for any EU-citizen). NETCOM will, to be able to provide services to our clients, store personal data including:

Name, address, DNI, passport, nie/nif/cif, bank account number (IBAN) with the name of the title holder, e-mail address, contact telephone number, etc. We will only store the relative information for the period of time required to be able to provide our service. All sensitive information will be encrypted digitally and all paper documents will be safely stored in locked storage. Information is never shared with any party other than the necessary sharing of data for the purpose of the contracted service. This policy also applies to all of our partners that is working with NETCOM, (for example agents).

If no permission is explicitly given, all personal data will be destroyed upon the termination of a contract within a period of 24 months* after end of contracted service.

The client can request information about any data that is stored by NETCOM and also request for data to be rectified or forgotten/erased* within the systems of NETCOM . To contact NETCOM regarding any of these issues please send us an e-mail at gdprnetcom.red

*If the client has any unpaid bills to NETCOM we will keep the information until the dept is fully paid to NETCOM.

All Invoices, economic transactions and similar documents generated between us and the CLIENT that are required by the Spanish/EU law, Tax authorities etc. to be retained, cannot be destroyed.

NETCOM will never share or sell the clients information to any third part except where necessary for the purpose of providing the contracted service with NETCOM, including monthly payments of the service from CLIENT.

NETCOM will never store any extra sensitive information such as political views, sexual orientation, heritage, race or similar, neither will we store any information of any person under legal age(to contract with NETCOM you must always be of legal age).

NETCOM can be using your contact details such as e-mail, address or telephone to contact you regarding any issues related to our services, we may also send invoices and specific offers from NETCOM or any of our partners (Be advised that the sender will always be NETCOM, as we do not share your data with others).

There may be circumstances when we need to share your contact details with the technician in order for them to carry out installation, maintenance or reparations of the contracted service(for example your installation address and your contact telephone number).

Payments Policy

NETCOM offers several payment methods to our CLIENTS, the most commonly used method is monthly payments directly from the clients accounts facilitated by SEPA(Spanish national bank or International EU bank accounts), prepayment and also card payments. For SEPA payments the CLIENT must sign an authorization that allows us to charge their bank, monthly for the service.

Our ambition is to have 0% customer payment losses to be able to maintain a competitive price and a good service to all of our clients.

A client who does not pay their Invoice, not only affects NETCOM directly but, will also affect the rest of our clients in a negative way since in the future we are forced to raise the price for all clients to cover those extra costs. Therefore NETCOM has decided to apply the following Payments Policy:

We will, except for the prepayment alternative, always apply 2 monthly payments in advance as a security deposit and a minimum of 2 months cancellation period of the service.

That means that for the last 2 months of a contract we will not charge our client* from their bank since the prepaid deposit guaranties these 2 last payments.

The 2 months security deposit also gives us extra time to try and solve any non-payment issues that in many cases might be caused by simple errors made by the Bank of the client, not enough balance on the account, expired bank card etc especially since we offer International payments inside the whole of the  EU.

Whenever an non-payment issue occurs we need to charge an additional extra fee of 10€ + IGIC or IVA from the CLIENT to cover our extra bank costs. This extra amount will be added to the next months Invoice.

If after 1.5 months the CLIENT does not succeed in resolving the outstanding payment to NETCOM, then NETCOM will have the right to cancel all the services contracted with NETCOM without any further obligations and refunds and keep the deposited money to fully pay our provider.

*= if breaking the contract before the contracted permanence period is fulfilled (normally it is 12 months) an early cancellation fee will be charged, also any unpaid bills will be charged as well.

Cancellation of service

All cancellations of the service must be sent in writing to us by email at bajanetcom.red

including the name of the client, address, desired date of cancellation and contact details so we can verify with you the cancellation.

If the cancellation is for only a limited period of time, a pause in service, and you later on wish to recommence the contract with NETCOM please state this clearly so that we can keep all your details in our systems failure to do so could result in your data being erased before the recommencement of your new contract period.(see above GDPR).

NETCOM is working with calender months charging periods which means that for every started months the full month will be charged and the cancellation period is minimum 2 months. So if for example you cancel the service 15th of April, the service will be stopped at the end of June, as explained above the payment will end and the last 2 payments will be taken from the 2 months deposit (if no unpaid bills or early cancellation fees are existing)

Loss of Service

If there is a total breakdown of service and the problem has not been fixed within 72 hours(normal working days) the client is entitled to a compensation, after reporting it to Netcom, for the resting period until the problem is fixed for an amount corresponding to the daily amount the client normally pay for their service.

If the client has reported a loss of service and the fault is caused by the client himself, the cost for sending a technician in this case is 90€+IGIC or IVA to be paid by the client immediately for the false alarm to NETCOM. Therefore we advise you to check properly before we send a technician.

Prices

NETCOM is always trying to offer competitive prices without compromising the quality of our services, the actual price is to be always updated on our web-page www.netcom.red and on the contract that is signed by the CLIENT.

Sometimes we might have a special campaign that is valid during a specific time period or under specific terms and conditions.

NETCOM has the possibility to, without renegotiating any contract, raise the price according to CPI for SPAIN (Spain Consumer Price Index) which is in line with Spanish inflation. If a raise of price is applicable for any other reasons we will in this instance first contact the CLIENT for their approval for these new prices to confirm if they confirm to continue their service with NETCOM. For the application of a decrease in the price we will not ask the CLIENT for any permission.

For the use of telephone service the CLIENT will be charged according to our price list for phone calls.

The CLIENT agrees to be charged by NETCOM according to this prices by signing the contract and accept all these terms & conditions for the service by signing below.

 

Client Signature:                Date: