Note: This English translation is not a legal document. Its sole purpose is to help the English speaker understand the Movistar contract available at the time of translation. The translation was done by Google Translate, and no attempt was made to improve the wording. The Spanish contract is the legally binding contract.
Between us, Telefonica de Costa Rica TC, SA, holder of legal person number 3-101-610198 and address in the city of San Jose, Escazú, Plaza Roble Business Center, Building Los Balcones, Fourth Floor, in its condition operator and provider of telecommunications services in hereinafter also called "MOVISTAR", on the one hand, and on the other, the "CUSTOMER" as described later in Annex Identification Client and Contract Services, have agreed to enter into this Framework Agreement for the Provision of Telecommunications Services MOVISTAR (hereinafter and in Annexes also known as "Contract Framework"), which is governed by the clauses detailed below and Annexes.
1. STATEMENT BY THE CUSTOMER.
The Client declares that he knows the terms of this Framework and its Annexes, all of which forms its business relationship with Movistar. Also certify that the information and quality for identification, address and other customer information contained in the Annex to id Customer and Contracted Services is true and accurate for all legal purposes and has been provided by the CLIENT, and is legally entitled to enter into this Framework Agreement and its Annexes.
In the case of legal persons, the person signing this contract states to be legally empowered to sign it and is personally responsible for its obligations under this contract, if has not been sufficiently empowered to do so.
The purpose of this contract is to establish the conditions for applying overall business relationship between Movistar and CLIENT product of the provision of mobile telephone service, telecommunications and other services in convergence, supplementary and value added (hereinafter "the Services"), which will be provided by Movistar and contracted by the CUSTOMER.
The particular conditions of the Service or the various services offered by MOVISTAR and contracted by the CUSTOMER, shall be governed by Annexes to this Framework Agreement and form an integral part thereof. These Annexes will apply the terms and conditions set forth in this Framework. In case of dispute between the Framework Agreement and the Annexes, prevail provisions of the Annexes.
4. EXECUTION BY OTHER MEANS
Annexes and services in the future will ever be formalized, may be accepted, formalized, renewed, modified, added or terminated by parties by electronic means available to the CLIENT, as remote management center would be (hereinafter Call Center) SMS, the website www.movistar.co.cr (hereinafter also referred to as "Website") or any another SUTEL MOVISTAR provide and approval. Such means be designed to enable electronic, safely, identify contracting parties, the incorruptibility of its contents, your reference, the preservation of information and basic characteristics and the expression of contractual intent. The Client expressly agrees and acknowledges that the subscription through electronic media available from these contractual instruments shall have the same legal force and effect the documents signed in a face.
5. PROVISION OF SERVICES AND COMMERCIAL PROPOSAL.
The CLIENT understands and agrees that the CLIENT MOVISTAR provide a range of telecommunications services, supplementary and value added,different characteristics, prices and payment plans, all of as authorized by current legislation. Some of the Services will be provided only within the geographic areas of coverage detailed on the Website on an ongoing, regular, efficient, and attachment to quality standards established in regulations. When applicable, the conditions and specific characteristics of service and quality same as not regulated in this Framework and the current legislation, be indicated in the relevant Annexes. These effects, the parameters and quality standards in the provision of the Service, which are not regulated in a particular way in this Framework Agreement and the Annexes, shall be governed by the provisions of current legislation, the prevail, for all legal purposes, where the legislation so provides.
In the case of access to local and international communications, the CLIENT expressly requires and accepts MOVISTAR shortlisting. It means screening, access to services provided call by MOVISTAR without requiring the bearing to the key selection.
The CLIENT understands and agrees that if he chooses to sign with another operator or supplier, apply to the billing charges and fees of the other operators or service providers have decided to use it.
7. CUSTOMER'S RIGHTS AND OBLIGATIONS
CLIENT shall have the rights and obligations under this Framework Agreement and the Annexes, in addition to the rights and obligations covered by current legislation of Costa Rican law.Within these rights, the CUSTOMER shall have the right to privacy,privacy and confidentiality of communications in the terms established by the Law. Unless the CUSTOMER expressly states his authorization, the their mobile phone number will not be published in any number guide telephone services or of third parties not legally authorized to meet him.
Also, the CUSTOMER is obliged to comply with the terms and conditions this Framework Agreement and its Annexes.
The fact that MOVISTAR allow or tolerate one or more times a CLIENT failing or partially comply, imperfect or different to that agreed in the CUSTOMER's obligations, this does not amount to a tacit amendment of terms and conditions of this agreement and its annexes, nor prevent MOVISTAR required in the future the faithful fulfillment of the obligations of the CUSTOMER in the terms that have been expressed in this Framework and its Exhibits.
The CLIENT may provide the terminal equipment necessary for the Services MOVISTAR hired, or you can use or purchase any of the equipment Movistar offers or third parties through the various plans Movistar offers or will offer within its Commercial Proposal.
When the Client chooses to use their own terminal, installation, updating, maintenance, repair, or replacement of the same diagnosis run on their own. In addition, the terminal must be properly approved in accordance with procedures approved by SUTEL. MOVISTAR is not responsible for quality problems experienced in the Service when the client terminal does not meet this requirement.
Furthermore, CLIENT understands and agrees that when you decide to use their own terminal purchased through a third party is not entitled MOVISTAR to claim for defects or warranty terminal.
When the Client chooses to use a terminal provided by Movistar, the specific conditions governing the use of this equipment will be developed in Annexes in the security documents to be extended, and in the applications or orders for services. MOVISTAR distribute, trade or include in their service plans only terminals approved by the SUTEL.
In either scenarios, the CLIENT agree not to alter or permit any third party alter, erase or destroy the number Electronic identification number serving to its terminal.
MOVISTAR accordance with the established by the regulation, may maintain a control IMEI or serial numbers activated on their networks in order to avoid subscription service terminals reported stolen or lost, and may share this information with other operators SUTEL and according with established protocols.
10. DEPOSIT GUARANTEE.
After a credit analysis of the CLIENT and the Plans and Services that this want to hire, MOVISTAR may request a security deposit. The amount pay for this item or service will depend on the plan and will be specified in the Annexes or proof of payment, when required.
The security deposit will be used by MOVISTAR to cover any balance delinquent amount owed by the CUSTOMER or the extension of credit limit agreed with the CLIENT. The remainder of the deposit, once canceled balances MOVISTAR pending, he returned to the customer within 3 business days following the identification and payment of such balances. In any case the deposit warranty shall bear interest.
This deposit shall be adjusted at the request of Movistar, the following scenarios: i) when there is a change in the type of service or plan contract, ii) to be the reinstatement of the service was suspended for nonpayment, iii) when making a transfer of right and iv) the filing of a traffic excessive telephone that the terms defined by regulation.
When applying, as the service contract, the CLIENT shall pay the amount set by the concept of service installation or activation of plans in accordance with the current price regulation, which shall contain in the service order, or in the Annexes, and information that will be available on the Web Site and the features. Also, when applicable, shall state the time of installation.
MOVISTAR may establish as applicable, for installation within the Contracted services, which will be set to the provisions and deadlines regulatory.
In cases where the CLIENT terminates the service contracted by start of installation or activation due may request cancellation of the order of installation or activation of the service and money back paid by that concept.
For the installation of the Service or the activation of plans already initiated or is not performed for reasons attributable to the CLIENT, MOVISTAR shall be entitled to charge the administrative costs, the which will equal the amount paid by way of installation or activating plans, with respect to features and services equipment and installation costs.
12. LIABILITY FOR DAMAGES.
MOVISTAR is not responsible for damage to the Service, such as but not limited to the following: disruption, degradation rates quality, interference and any other cause of which is attributable to CLIENT, its terminal or others, or are the result of force majeure or accident, and / or those product maintenance outages preventive is made to, or service platforms, they are announced to CUSTOMER via SMS or any other means general communication to the public and with an advance of at least 72 hours.
MOVISTAR not be liable for consequential damages, including damages for loss of earnings, benefits, savings or dividends of any kind or increases operating costs. Also, there may be other damage not attributable to MOVISTAR not covered here.
Also, MOVISTAR not be liable for any damages they cause changes in numbering or other changes which suffer the National Numbering Plan in force and affecting the number assigned to CLIENT, nor for any change or effect on the services or this contract after approved, it comes from a provision of the SUTEL or any other government entity.
13. COMPENSATION AND REIMBURSEMENT.
In CUSTOMER may request compensation and reimbursements to take right in accordance with current regulations, unless originating from force majeure, acts of God, because of the fact CUSTOMER or a third party.
The CLIENT shall have a maximum of two months for any MOVISTAR complaint because of the service, counting from the occurrence of the violation, except for ongoing events, in which case the period shall begin from the last event occurred.
The CLIENT may submit their claims through any of the following service channels: branch offices or commercial MOVISTAR, postal and electronic services department specialized customer service, facsimile numbers of these offices, telephone number 1693 or using the Website www.movistar.co.cr, where find information about the procedure and office addresses and commercial branches. The procedure for submission of claims, which be indicated on the website, you will have additional charges.
15. TIME FOR A RESOLUTION OF CLAIMS.
The following times correspond to deadlines for the resolution of any claim:
|Type of Claim||Description||Maximum period|
Situations should be understood as directly related to the Service and can be immediately solved in the care centers or otherwise, moves the area competent for Resolution.
6 hours for both scenarios
The situation where the client can not accessing the system and / or its capacity diminished due to technical failures or operating the network.
Cases where there is any violation of rights of users, in the required make a preliminary study and a technical assessment to determine the solution of the problem and respond formally to the CLIENT.
|10 days net|
16. THEFT OR LOSS.
In case of theft or loss of the terminal, the SIM and / or where applicable, any key or identification code of the Client to manage on their contract with Movistar, the CLIENT shall be responsible for any use, position and / or Step generated by the unauthorized use thereof, until such time the fact is notified to MOVISTAR by any means provided and provided to the CLIENT.
Theft or loss of terminal and / or SIM, it will be grounds for termination anticipated minimum time contracts or those in which the terminal is provided by Movistar, who shall be entitled to charge the grant or funding remaining in the billing.
17. CUSTOMER SERVICE, MAINTENANCE AND SUPPORT.
MOVISTAR is committed to providing care services to the CLIENT, maintenance and support continuously for 24 hours day, 365 days a year, unless unforeseen circumstances, force majeure, fault of the customer, user or a third party fact.
Similarly, the CLIENT from the time entering into this Agreement, authorizes MOVISTAR that through its staff, can inspect, remotely or on site, and terminal facilities to verify the use and status of services and equipment, if necessary. The site inspections will be carried out, notice in days and hours, unless the CUSTOMER has kindly made during weekends, days holidays or at other times.
18. TERMS AND CONDITIONS OF ACCESS TO MY ONLINE MOVISTAR.
My Movistar Online (MMO) is a self-managed virtual channel, which MOVISTAR makes available to its users through the Website, to query and efforts on your account and Services.
The Client at any given time may provide additional information necessary to take steps at the request of MOVISTAR. CLIENT represents and ensures that the information is true enter the site, and has the widely available and is legally authorized to use and availability of it and for your transactions.
19. KEYS AND ACCESS TO MY MOVISTAR ONLINE.
User creation in the MMO will be done automatically with the CLIENT subscription systems. The password will be sent SMS and / or email the number associated with your account, or the security mechanisms available to Movistar. This password must be modified by the user upon his first visit to the MMO, and will exclusive and confidential use of the CLIENT, it is their responsibility any management is done with it, which for all legal purposes will made by the CLIENT.
The CLIENT is responsible for the use and / or manipulation of information provided to the MMO which is responsible for maintaining the confidentiality of your account, your data, your username and password and information resulting from the use of the password. The CLIENT should not allowing a third manipulates the information or access to it.
Any difficulties that may arise regarding access password MMO should be reported immediately to MOVISTAR for blocking effects and change it.
21. USE OF INFORMATION.
The CLIENT accepts that you can not use the information and / or services offered by MOVISTAR for purposes other than those permitted by this last or not authorized by the Costa Rican legal regulation, or for purposes illegal. MOVISTAR disclaims any responsibility for using the CUSTOMER or others give MMO's passwords, since they are personal and not transferable, and must be kept in strict reserve by the user.
The alteration or modification to the information and designs contained on this site is an unlawful and we reserve the right to initiate MOVISTAR of legal action.
CLIENT authorizes staff to follow your instructions MOVISTAR of signing, amendment and extension of services by telephone, SMS, or other electronic or mechanical means to identify the identity of CLIENT, when legal instructions and contractually appropriate.
The CLIENT authorizes MOVISTAR recording the telephone conversation of Call Center where instructions are given underwriting, modification, extension, Services renewal and termination, among others, which have the same validity that the subscribed-to-face..
MOVISTAR relieve CUSTOMER of responsibility for compliance with these instructions. Notwithstanding the foregoing, MOVISTAR reserves the right to require written instructions to the CLIENT in cases where it sees fit.
Instructions for changing membership plans and unless stated stated otherwise in the Annexes, shall be effective from the next billing cycle for each account. When the effective date of initial connection Service does not coincide with the start date of your billing cycle, the cost Service will be prorated and billed in proportion to the first period. The assessment is made in proportion to the number of units including plan and the number of days that may be required to complete the cycle.
23. SHIPPING INFORMATION.
Unless otherwise indicated in any of the Annexes to this Framework Agreement, the CLIENT authorizes MOVISTAR sending any information additional promotional and / or direct marketing purposes in respect of services, solutions, offers, new services and any other information, either directly related to the services offered MOVISTAR or third parties, through email, SMS, voice, self-management platform, called automated, at home, postal or other means. Also, and unless otherwise specified in the Annexes, the information may come from third through MOVISTAR. If the CLIENT wishes to limit the means to receive this information, they may at any time no cost and through any channel and call centers indicated above. The CLIENT may not limit the sending of information strictly relating to the execution of the contract or contracts with MOVISTAR and corresponding obligations, through the means mentioned above.
Movistar will offer promotions to customers based on services hired. The conditions of the promotions will not replace permanently those conditions originally agreed upon in the Framework Contract and Annexes and will be available on the Website.
25. WIRELESS INTERNET ACCESS.
In the case of hiring the service of wireless Internet access, the CUSTOMER is responsible for the use given to this service and answer their own acts, and acts of third parties who use the service Wireless Internet access to the Client.
The CLIENT acknowledges and agrees that MOVISTAR not control or monitor the CUSTOMER accessible information that can be sent or received by the CUSTOMER via the Internet. It is understood then that Movistar assumes no responsibility for access or sending such information by Internet or by the use made of it, since only MOVISTAR acts as a provider of Wireless Internet access. Therefore there will be rise to damages against MOVISTAR for the use of the client.
The actual speed Wireless Internet service will be at a width of band varies depending on the contract plan and network conditions, all which will inform the CUSTOMER and shall be recorded when the CLIENT engaging the services of wireless internet.
CUSTOMER is informed that the contracted rate for wirelessInternet may be decreased depending on several factors, such asbut not limited to: the signal strength, mobility, saturation of the 3G network and the node it is connected. In these exceptional circumstances, the download and upload speed can be decreased by ten percent (10%) originally contracted speed, always considering the minimum performance thresholds established by the SUTEL.
26. INTERNATIONAL LONG DISTANCE SERVICE.
The International Long Distance Service (hereinafter also referred LDI) is included within the mobile phone service.
It is understood and accepted by the Customer that the service will be paid according LDI prices for each destination country, which are subject to change accordance with the procedures set by SUTEL, which are published on the Website.
In accordance with the provisions of applicable law, charges for LDI concept of service in a given period, where recovery international reverse may be reflected in subsequent billings may not exceed 90 days from the last day of the month in which the CUSTOMER made using the Service.
Being a service provided by operators in other countries, MOVISTAR not compensate or reimburse the customer the interruptions or failures that may arise during the provision of this service and not attributable directly to Movistar.
If the CLIENT wishes the deactivation of these services may indicate at the time of signing of this Framework Agreement or any time may apply to MOVISTAR through the Call Center, in care centers described on the Website.
27. INTERNATIONAL ROAMING SERVICE.
International Roaming Service must be activated at the request of CLIENT, after assessing your credit limit.
International Roaming Service is provided and paid when the Client uses Mobile phone service provided by MOVISTAR outside Costa Rica. The CLIENT hereby agrees that such service is subject to the system "Mobile Party Pays "(MPP), with the Client responsible for paying the charges of SMS, MMS and data PERFORM AND RECEIVE, whether local, national or international depending on the country you are, the taxes and charges for value added services Roaming to use.
In accordance with the provisions of applicable law, charges for International Roaming Service concept in a given period may be reflected in subsequent invoices may not exceed 90 days from the last day of the month in which service was used.
CLIENT understands that because it is an international service, according to the operator in the country in which you use the Roaming Service International collections of these will arrive with minutes rounded.
The CLIENT understands and agrees that the International Roaming Service can only those paid in local or international networks where Movistar agreements keep providing this service.
The CLIENT understands and agrees that hiring the International Roaming Service, MOVISTAR may request payment of a security deposit is not consumable. This amount will not accrue interest of any kind in favor of the CUSTOMER and shall be governed as provided in clause 11 of this Framework.
Being a service provided by operators in other countries, MOVISTAR not compensate or reimburse the customer the interruptions or failures that may arise during the provision of this service the visiting country and not attributable directly to Movistar.
It is understood and accepted by the Customer that the Roaming Service International prices will be paid by each country of destination, which are subject to change. The prices charged for this service depending on the destination country will be posted on the Website.
28. VALUE ADDED SERVICES (INFORMATION SERVICES).
The CLIENT may contract Value Added Services (Also known by the current regulation as Costa Rica Information Services) in any time for any of the methods previously established, in accordance with the commercial proposal MOVISTAR.
The terms, conditions and fees for Value Services Added will be available at service centers and on the Website.
Fees for these services may vary depending on service Value Added hired all of which inform the CLIENT prior to contract or enactment.
Movistar will also offer value-added services provided by third parties,which may be underwritten through SMS. Under no circumstances MOVISTAR be responsible for the content of Value Added Servicesthat CLIENT hires or the type of information received through these. In these cases, the terms, conditions, rates and / or prices for Services Added value will be determined, published and managed by the third Service Provider
In the case of value added services provided by third parties, MOVISTAR only be responsible for collecting the amount due by the Service and reflect on the customer billing. By subscribing to these services the CUSTOMER is responsible for paying the prices and rates the third party has set for that service. In case of claims by the Client if any, of Value Added Services provided by third parties, these may be submitted directly to the third party or through MOVISTAR.
29. CHARGES AND FEES.
CLIENT agrees to pay the charges incurred by MOVISTAR each contracted service. The CLIENT agrees to pay all monthly in arrears those monthly fees, fixed and variable associated with the Service, including include real-time communications lasting in excess of each plan, the other variable charges, plus applicable taxes.
The final price will be charged to the CLIENT will be the result of adding the monthly payments on account of services, plans selected, additional services selected and the consumption or consumer surplus generated in the use of plans or services not subject to plans and any other charges, all in accordance with existing regulations.
MOVISTAR may change at any time prices and rates of their services, as long as you notify customers in advance and follow the rates and the procedure laid down in regulation and legislation in force in the assumption that are regulated.
The various fees and fees charged by MOVISTAR may be consulted in the website, 24 hours a day. Unless expressly stated otherwise, prices and rates published on the website include taxes or fees contributions.
In any case the market rates offered temporarily on account of promotions can be interpreted as a price change originally hired or existing under normal conditions, once the promotion.
30. CREDIT CONTROLLER
MOVISTAR, in accordance with the payment capacity of the CLIENT, may establish a controlled credit system, whereby an amount is defined maximum monthly consumption, which will be communicated and accepted by the CUSTOMER with the understanding that Movistar may proceed to suspend the service when it has reached the maximum monthly consumption previously defined with the CLIENT. Movistar also inform the CUSTOMER by any means, when in the respective month it reaches 80 the monthly consumption limit set. To extend the limit maximum monthly consumption CLIENT must demonstrate the increased ability to pay, or shall establish a security deposit or increase ;if they already had. The CLIENT understands and agrees that the maximum monthly consumption can be achieved if the CUSTOMER does not canceled, whole or in part for any reason, the previous monthly payment when the outstanding amount plus the consumption of the month or months to reach the fixed ceiling.
For all legal purposes, are considered to be well received all bills and notices sent to the email address or other the CLIENT point as a place to receive them in Annex ID Customer and Contracted Services. At any time the Customer may MOVISTAR formally request, through the mechanisms available for it, the change of address or shipping forms invoice services. The CUSTOMER is entitled to receive at least 6 calendar days prior to the date of payment invoice. Unless otherwise specified by the customer, send MOVISTAR bill for services contracted by the email provided by the CLIENT, as well as a SMS notification to the amount of the invoice.
If the CLIENT does not receive a bill in the middle above, shall duly notify MOVISTAR to receive a copy thereof by any means, including accredited as an address for receiving invoices and any formal communication from MOVISTAR. Only in cases where it is determined that the delivery of the bill was delayed, the CUSTOMER shall be entitled to the due date of billing (deadline payment) is run by the same proportion to the days of late delivery and under no case may discontinue service for nonpayment during this time. MOVISTAR maintain controls that will provide the delivery date bill in the medium indicated by the CLIENT, so that is not enough just the saying of the CUSTOMER to be credited to the delay in the delivery date of the Invoice.
MOVISTAR available to the CUSTOMER a mechanism by which it can check the amount you've spent as a product of use of contracted services.
The physical or electronic invoice for Services will comply with all requirements required by current regulations and will provide sufficient documentation to sue for payment of the debt to Movistar. The CLIENT forced to cover expenses and professional fees generated during the or extra-judicial management of the accounts receivable not canceled timely for reasons attributable to Customer, whether pursuant to current price regulation or determined by the judge in the case of legal action.
The CLIENT understands and agrees that in case of service charges international, the amount billed for that concept does not necessarily come in the following month's invoice to occur, since the same depend on the report of the international operators.
32. Place of service.
For purposes of administrative and judicial notifications in accordance with Act 8687, the CLIENT agrees and understands that the place to receive them is the indicated in Annex Customer Identification and Contract Services, and if your address specified for service ceased to be the indicated, or that place proves inaccurate or missing, shall be nominated a Conservator Procedure.
CLIENT shall pay the amounts invoiced no later than the date of due date established in the bill for Movistar. To make payments CLIENT shall have the following methods: cash, charge automatic credit card or debit card, debit from a checking account or savings, direct deposit, in cash registers collection agencies, or collector agents is in the country.
The CLIENT agrees to pay monthly in arrears all those monthly fees associated with the fixed service, the actual time duration of communications in excess of the plan and the other variable charges in accordance with the current regulations.
Failure to pay on the due date shall entitle MOVISTAR receivable corresponding penalty interest at 3% (three percent) monthly past due amounts. The delay will occur automatically without notice or prior notice to CUSTOMER, generating interest from the time Late payment and reconnection charge MOVISTAR set.
35. CHARGE / DEBIT AUTO.
CLIENT want to implement the charge or debit so indicate using for this the forms and / or Annexes to supply Movistar. If the CUSTOMER opt for this facility shall use accounts that are under ownership or alternatively, that the holder of the account or card that is held on or charge give his consent. MOVISTAR is authority to verify all information provided to entities finance to implement appropriate payment, and if not possible, the CLIENT agrees to pay by any other means of payment Movistar has been enabled for the effect.
In the event that payment of invoices is made by automatic debit a credit card authorized by the cardholder, the CLIENT committed to maintaining this form of payment for a minimum period of 12 months from the date of commencement of the Service should have obtained some activation discount or other promotion for this reason. Not ;do so, shall be authorized to adjust MOVISTAR in billing the CLIENT the regular price of the activation or Promotional items given.
36. INTEGRATED INVOICE.
MOVISTAR may consolidate the balances of all accounts of the product Services provided by MOVISTAR that are under the same ownership, prior authorization of the CUSTOMER. In the event that the CLIENT wishes individual invoices so may indicate the time of subscription this Framework Agreement or any time you may request to MOVISTAR to through the Call Center or in the centers described in the Website. It also allows MOVISTAR to charge payments to accounts with debts older. To persist any past due balance, MOVISTAR may suspend Service as authorized by current regulations.
37. SUSPENSION FOR FAILURE TO PAY.
MOVISTAR may temporarily suspend the service contract which in default on your payment. The service or services that are addressed may or may be suspended upon notice to the CUSTOMER from the third business day after the expiration of the billed charge, except for emergency numbers, hospitals, Public Safety, Red Cross, 911 Service, Fire, CNE, incoming calls, among other established or will establish Costa Rican regulation.
Once canceled the full amount owed, the corresponding interest and collection fees, shall MOVISTAR reconnection of service and charge them for that concept.
38. TEMPORARY SUSPENSION OF CLIENT APPLICATION.
The Customer may request a temporary suspension of the Service at any times. However, this does not relieve the customer of its obligation to cancel the basic monthly fee established and to cancel all accounts outstanding service as temporary suspension, including obligations relating to the payment terminal or any equipment, or device that has been delivered by MOVISTAR subject to the application a specific plan contracted by the CUSTOMER.
Where the CUSTOMER has entered into a plan with commitment minimum time, may request temporary suspension of service, not. However the Client will remain obligated to continue canceling the payment agreed minimum in the respective plan.
39. Reconnection of Service.
The Customer may request reconnection of service for which you must cancel arrears, interest and collection charges plus a charge charges such as reconnection. This charge will be included in the following Invoice.
MOVISTAR not guarantee the CLIENT keep their numbers, in cases that reconnection is made after the date of settlement accounting.
40. EQUITY SETTLEMENT.
Non-payment by the CLIENT of two or more consecutive billing Service, will entitle MOVISTAR, prior notice to CUSTOMER, to proceed to the definitive suspension of service or payment and accounting of the same unilateral termination of contract for failure.
The same applies in cases where the Customer has acted deceitfully, fraud or bad faith at the time of the signing of the contract or relax back of the Service, or that in a malicious way causes harm or compromised in some way, the provision of services or the operationand integrity of the network.
To apply the accounting settlement of the Service may use MOVISTAR numbering, infrastructure and equipment assigned to the Service, and reassigned to any other customer.
This contract may be terminated by the general causes of termination of contracts, especially for any of the following reasons: i) at the request of the customer with at least fifteen calendar days prior to the time that has to have effect, ii) in cases of insolvency, bankruptcy or CUSTOMER death judicially declared, iii) When the CUSTOMER commit fraud or make improper use of the Services, in accordance with the current legislation, iv) Breach of any of the contractual or the rules, v) the failure to pay two or more billing row. Above, provided that, in the relevant Annexes not there any provision to the contrary, what is said to prevail in Annex I.
In cases of alleged iii) iv) v), upon notice to the CUSTOMER and provided they have with evidence, or evidence of severe assumptions made so warrants MOVISTAR is expressly empowered to suspend immediately as a precautionary measure, the services used in the form undue or canceled and full resolve this contract, without Subject to payment of the relevant compensation, which will reported to CLIENT through the mechanisms established for this purpose.
In cases where service delivery has reached an agreement to minimum stay, do not apply the grounds for early termination in subparagraphs i) and ii) the first paragraph of this clause, unless prior cancellation by the CLIENT of the penalty established in the respective agreement plan with minimum time.
In the event that the particularities of certain services used as the Roaming, Long Distance, and others, they have not yet been billed the deadline for completion of the contract, The contract will terminate but CLIENT is obliged to wait for them to be reported by the international operator is proceed to pay them within 10 working days the receipt of the corresponding document collection. MOVISTAR reserves the right to demand CUSTOMER any document he deems necessary to guarantee the amount of total debt, in order to guarantee payment of all amounts generated and outstanding as of the date of the request for disconnection service provided, the amount of the initial warranty period, if any, is not sufficient to cover such amounts.
42. EARLY TERMINATION FOR CAUSE ATTRIBUTABLE TO YOU.
The cases of early termination for reasons attributable to the CUSTOMER in plans and contracted services subject to a minimum stay period and where some benefit has been granted for the purchase of equipment terminal shall be subject to penalties and fines unless stated stated otherwise in the Annexes.
The penalty will be calculated as follows: the spot price of terminal at the time of signing the contract price unless canceled by the customer.
Cash Price - Price Paid
This penalty will also apply when the customer decides to switch to a plan of less value than originally contracted, or terminate a service contract, which was taken into account when the allowance assigned terminal. In these cases you must pay the difference in the price of terminal in the current plan and the price of the terminal on the plan you want migrated. These prices are those in effect at the time of the request.
This does not relieve the customer of the obligation to pay all balances outstanding at the time of application completion.
43. PROHIBITION OF ILLEGAL USE OF THE SERVICE OR FRAUDULENT.
The CLIENT shall make use of contracted services in terms under the respective contracts and in accordance with the provisions of Costa Rican law.
Any illegal, fraudulent, unauthorized or contrary to law or terms of the services contracted by the CUSTOMER, as indicated in the clause 41 above, will entitle MOVISTAR, ex officio or upon request of the competent authority to suspend the service and even to take for terminate the contract or contracts with the customer having already MOVISTAR collect damages he may cause such behavior.
44. RELEASE OF LIABILITY.
The user shall indemnify, defend and deliver you from liability MOVISTAR to any claim, complaint, charge, accusation or prosecution, civil or administrative, judicial or extrajudicial, including related costs and expenses law arising as a result of misuse, the unauthorized or illegal use of services by the Customer, that somehow there violated this Framework Agreement and its Annexes, and future, with exception of those situations that are the product of failure MOVISTAR part, in which case MOVISTAR bear all costs and expenses reasonable.
45. DURATION OF THE CONTRACT.
The operation of this Framework Agreement is indefinite, however for some services and specific service plans, the contract may be subject to the type of plan contracted, which set deadlines for each service contracted by the CUSTOMER, including periods of residence minimum penalties for early termination.
In cases where the Annex does not regulate the term of the contract, understood that this term will be indefinite, so the same continue until the CUSTOMER expressly stated their desire to terminate the contractual relationship, or if either of the grounds for early termination of the contract.
This Framework Agreement and its annexes shall take effect from the date your subscription and unless otherwise stated, any new service contracted by the CUSTOMER shall take effect from the conclusion of the respective Service.
The Client, without the prior express written permission of MOVISTAR and without have canceled all charges and accounts receivable owed to MOVISTAR, not transfer to third parties the rights and obligations under this Framework Agreement, its Annexes and services in the future comes to hiring. MOVISTAR only accept the transfer if the transferee meets the conditions of CUSTOMER, according to Movistar, especially in regard to the creditworthiness of the transferee.
Movistar, meanwhile, is authorized to assign its contractual position to a licensed operator, being sufficient notice or communication to the CLIENT for that takes full effect. In such cases the Customer shall retain all rights and duties, including receiving the Services under the same terms of price and quality of hire and by giving terminate the contract in accordance with national regulations regarding telecommunications and the terms of the contract and its annexes.
47. LAW AND JURISDICTION.
This contract and its annexes present and future, are governed by the laws of the Republic of Costa Rica, especially the provisions on telecommunications in accordance with Article 1 of Law 8642. Also, the parties submit to the jurisdiction of the courts Costa Rican renouncing any other jurisdiction.
48 VALIDITY OF THE CONTRACT TERMS.
The invalidity or illegality declared by competent authority of one or some of the provisions of this Framework Agreement and their annexes, not affect the validity, legality or enforceability of any remaining provisions.
49. FRAMEWORK CONTRACT APPROVAL.
The terms of this Framework have been approved by the SUTEL and Content published in national media. THE CLIENT expressly acknowledges and accepts the contract documents and receiving in the act of signing and sign a hard copy of these contract documents, whether the same be available on the website and business offices or branches Movistar.