Terms and Conditions for Fibre

Special conditions for contracting Lobster fibre services

1. PURPOSE AND ACCEPTANCE

ZINNIA TELECOMUNICACIONES, S.L. is a company operating under the trademark “LOBSTER”, with Tax Identification Number B87836607 and domiciled in Madrid, Calle María Tubau nº3, Planta 5, Módulo C, 28050 (hereinafter “LOBSTER”), commercializes the Internet access services of XFERA MÓVILES, S.A.U (hereinafter XFERA) with registered office at Avenida de Bruselas nº38, 28108, Alcobendas (Madrid) Spain and with Tax Identification Number A82528548, which is a Telecommunications Operator that offers the services described in the following clauses (the “Service” or the “Services”).

These Special Conditions of Contract (hereinafter Special Conditions and/ or SCC) shall govern the relationship between the holder of the Service (the “Customer”) and LOBSTER. The reading of these Special Conditions by the Customer is a necessary condition prior to the activation of the Services, and implies full and unreserved acceptance of each and every one of the provisions contained herein.

These Terms and Conditions complete or modify, where not provided for herein, the General Terms and Conditions (hereinafter General Terms and Conditions and/or GTC) applicable to the Fibre Optic Broadband Internet Access Service contracted through LOBSTER. The reading of the GTC by the Customer is a necessary condition prior to the activation of the Services, and implies full and unreserved acceptance of each and every one of the provisions included in these GTC. The Customer declares to have read, understood and accepted these conditions made available at all times, prior to contracting any of the services detailed herein. The GTC are published on LOBSTER’s website, www.lobster.es (English version) or www.lobster.es/es (Spanish version).

2. SERVICE CONTRACTED

Fibre Optic Broadband Internet Access Service:

The monthly price of the contracted fibre plan is according to the information published on LOBSTER’s website, www.lobster.es (English version) or www.lobster.es/es (Spanish version), at the time of contracting the service.

• Free registration and installation. The router and the ONT equipment will be supplied to you on a loan basis.
• Park/unpark service included. You can park the service for a minimum of 30 days and a maximum of 90 days, once a year. While the service is parked you will not be able to use it and a discount of 50% is applied to the price. To park the service, you must give at least 72 hours’ notice before the first day of the month during which the service is to be parked. If this notice period is not given the service cannot be parked during that month and the full month will be charged as normal without any discount. The price for the first month parked is prorated based on the number of days that you have the fibre service active and parked during that month. You can unpark the service at any time. We will need at least 72 hours to unpark the service from the time you request it. You will be charged for the remaining days in the month from the time the service is unparked, discounting what you have already paid.
• Mobile line discount: If the Customer has an active mobile line in service (not parked) with LOBSTER, a discount will be automatically applied to the payment of the contracted plan after the activation of the Fibre Optic Broadband Internet Access Service and will continue to be applied as long as it remains active.
  
  Mobile discount: €5 VAT included
  
  This discount will not apply while the fibre service is suspended for any reason or parked, i.e. it is not active in use. If the Customer has more than one mobile line, the Customer shall choose which mobile line the discount applies to. The Customer may change the mobile line that gets the discount by contacting LOBSTER CUSTOMER Service at any time.

Under these contract conditions, the customer assumes a minimum commitment period of 12 months from the date of activation of the service. The park/unpark service has no effect on the minimum commitment period.

It is the responsibility of the Customer to cancel any ADSL/Internet Access Service that they may have contracted with a previous operator. If the Customer wishes to cancel, he/she must contact his/her previous operator.

The activation of the Service will take place on the same day that the installation at the Customer’s home is successfully completed.

The Customer may request at any time, and receive free of charge, pricing information in writing.

By signing the Contract, the Customer declares to be aware of and accept the rates of the offer or economic proposal. The rates shall be subject to the taxes in force at any given time.

3. PAYMENT TERMS AND BILLING

The monthly price for the service contracted by the customer will be charged at the beginning of each billing period, except for the first month, where the prorated amount according to the date of activation of the fibre service will be charged on the same day of activation or the following day.

This price will be charged to the debit or credit card provided by the Customer at the time of registration or that LOBSTER has registered in its account, on the first (1st) day of each month in advance.

3.1 LOBSTER shall provide the receipts for the charges incurred, duly identifying the price items that are charged for the contracted service.

3.2 For the provision of the contracted service, LOBSTER will bill the Customer at the rates indicated in accordance with the previous paragraph in the offer or commercial proposal provided to the Customer. By signing this Agreement, the Customer declares to be aware of and accept the rates of the offer or commercial proposal.

All receipts for the service contracted by the Customer shall be payable within the payment term indicated in each receipt (the “Due Date”) above, without the need for a claim. Likewise, the receipt may be received by the Customer in electronic format, being able to opt for the paper format upon express request by the Customer to LOBSTER and paying the amount communicated for such service.

In addition to the price of the service, LOBSTER will bill the Customer for any amount derived from the breach by the Customer of any clause in the registration contract such as commitment of permanence or non-return of the transferred equipment at the end of the agreement.

Likewise, LOBSTER shall bill the Customer for any other charges generated by the Customer referred to in the General Terms and Conditions.

Any amount not received by LOBSTER on the Due Date of the receipt shall be considered overdue. For any overdue amount, interest shall accrue at the legal rate for late payment in force at the time of maturity, which interest shall accrue and shall be considered, for all legal purposes, as an unpaid, certain, matured, liquid and enforceable debt. Interest shall continue to accrue notwithstanding the termination or resolution of the contract (or of any particular service) for any reason whatsoever.

If payment for the Fibre Optic Broadband Internet Access Service is unsuccessful, we will suspend the service pending payment for up to three (3) days. If payment is made correctly during this period, the Fibre Optic Broadband Internet Access Service will be unblocked and may be used again, and the Customer will not be able to claim refunds for the days in which the service has been suspended for this reason. If payment is not made correctly during this period, LOBSTER will consider it as suspension for non-payment.

4. CONTRACT DURATION AND TERMINATION

The contracting of the Broadband Fibre Optic Internet Access Service has a minimum commitment period of twelve (12) months from the date of activation of the service, notwithstanding that the previous offer or commercial proposal of the contracted service provides for a different duration, and ends the day before the activation of the referred service, 12 months later.

Once the minimum commitment period has expired, the contract is automatically extended for the same period, although, after such extension, the Customer will have the right to terminate the contract at any time, taking into account that it will take at least 72 hours to terminate the service, without incurring any cost except that of the service during the period in which the termination is being managed.

In the event that the customer requests the cancellation of the order after installation and cancels the contract before 6 months have elapsed, the customer will be charged for installation costs.

First 6 months: €120 plus VAT (not prorated)

From month seven (7) to month (12), the customer will be charged for each month remaining from and including the month in which the cancellation takes place until completing the minimum commitment period of twelve (12) months, for the same concept.

Months 7 to 12: €10 plus VAT

The suspend/activate service does not affect the minimum commitment period mentioned above.

It should be noted that, if the Customer cancels the contracted service, will have thirty (30) days to return the router and the ONT equipment that was provided on loan, following the procedure that we will indicate at that time. At the time of cancellation, the Customer will be charged a deposit of for the return of the equipment.

Deposit: €100 plus VAT

If LOBSTER receives the equipment in good condition within thirty (30) days, the deposit will be refunded to your credit or debit card provided at the time of contracting. After thirty (30) days without the Customer having delivered the router and/or ONT equipment, it is considered that the Customer has decided to keep such equipment, therefore, the compensation due and to be charged by LOBSTER shall not exceed the total value of the equipment at the time of termination of the contract.

Any subscription to additional services provided or terminal equipment distributed by the same operator of the Internet access services shall not extend the original contract period to which such services or terminal equipment have been added, unless the consumer expressly agrees otherwise at the time of contracting the additional services and terminal equipment.

5. PERSONAL DATA PROTECTION

In compliance with the provision of Articles 7 and 13 of the European Data Protection Regulation of 27 April 2016 (GDPR), Articles 6 and 11 of the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), and Article 21 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), you are informed that with the acceptance of these particular conditions, you give your express, unequivocal and informed consent to LOBSTER for the processing of the data provided here as well as those generated during this contractual relationship, for the purpose of maintaining the same, including the sending of communications by physical or electronic means, present or future. The data provided will be subject to processing, which is recorded in the corresponding Register of Processing Activities.

The personal data provided are adequate, relevant and strictly necessary, and the Customer is not obliged to provide them. However, failure to provide them could make it impossible to achieve the purposes of these particular conditions. The Customer assures that the data provided are true, truthful, pertinent and updated for the purpose for which they are requested.

The data provided will be kept as long as the contracted service is provided or for the years necessary to comply with legal obligations, in which case the data will be duly blocked. The data will only be used for the purposes mentioned above, and the maximum confidentiality of the information provided will be kept, will not be disclosed to third parties except in cases where authorized by a rule with the rank of law, and no international transfer of the same will be made.

The Customer expressly consents to the processing of its traffic and billing data, in accordance with the provision of art. 65.3 Real Decreto 424/2005, of 15 April, which approves the Regulation on the conditions for the provision of electronic communications services, universal service and user protection, for the provision and commercial promotion of telecommunications services, electronic communications, value-added or content as well as to make assessments based on the use of the same services.

LOBSTER will process certain personal data of the Customer, including the personal data of the natural person acting in the name and on behalf of the legal entity and the data of the contact persons provided by the Customer, such as those included in the Registration Form (name, address, and information regarding payment methods).

The Customer may exercise at any time and free of charge, their right of access, rectification, erasure or limitations of their personal data, as well as opposition to the processing or portability of data, by sending a written request to personaldata@lobster.es attached to a photocopy of the applicant’s ID card or other document proving their identity. Likewise, the parties may file a claim before the Spanish Agency for the Protection of Personal Data if they consider that their personal data are not being processed correctly.

LOBSTER undertakes to comply with the provisions of current data protection regulations, implementing technical and organizational measures in accordance with the “Principle of integrity and confidentiality” provided for in Article 5.1. f) and the provisions of Article 32 of the GDPR, which ensure adequate security of personal data including protection against unauthorized on unlawful processing, and/or prevent its alteration, loss, destruction or accidental damage, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or the physical or natural environment, being able to access only those data for which it is expressly authorized and through the access procedures established for this purpose.

6. NOTIFICATIONS AND CUSTOMER SERVICE

LOBSTER may address its communications to the Customer either by mail, email, SMS or public disclosure of the same by any means of dissemination.

Likewise, the Customer may address their communications to LOBSTER by mail, addressed to the registered office of the company, or e-mail, addressed to the customer service mailbox.

LOBSTER will provide the Customer with the first level of Customer Care service with XFERA, for any questions or information regarding service registration, service incidents and interruptions, installation appointments changes, broadband internet speed changes, service termination, address changes and/or changes of ownership.

To do so, the Customer may contact us by e-mail at hello@lobster.es or by calling 711 if they are already LOBSTER mobile line customers in Spain, or by calling +34 711000711 if they are not customers or if they are calling from outside Spain. There is a specific phone number in Spanish that you can call by dialling +34 711000712 or write to ayuda@lobster.es. Customer Service hours are Monday to Saturday from 9.00 am to 9.00 pm.

LOBSTER will handle all such customer service requests with XFERA and will resolve with Customer to the extent it can as a marketer of broadband internet service.

LOBSTER will assign a reference number to each claim received, which will be communicated to the Customer, and will respond to the claim by the same means used by the Customer to submit the claim. The Customer shall also be entitled to receive, upon request, a document attesting to the submission and content of the complaint.

7. TECHNICAL SUPPORT

LOBSTER shall be responsible for notifications of Service failures following a detected incident or, if applicable, service failure by the Customer.

LOBSTER’s SAT service will be available during the same hours as LOBSTER’s Customer Service.

General terms and conditions for the provision of fixed telephone and broadband services

You can download the General terms and conditions for our Fibre broadband services here. The Special terms and conditions, which are provided above, complete or modify, and take precedence over, the service description in the General terms and conditions.

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