This User Agreement (hereinafter the “Agreement”) sets the conditions that apply to the use of information technology exchange services (hereinafter “Services”) provided by Fresh Point Technology S.L. (CIF / NIF B42653287, Carrer Molivent 67-3G, 03140, Guardemar del Segura, Alicante, Spain. Hereinafter - the "Company") to consumers who receive these Services by connecting the end-device (equipment) to the telecommunication network (hereinafter-the "Clients").
Services allow the Client to get connected and use mobile communication, Internet access services, and other types of third-party services. The client receives the transfer of the remaining gigabytes, minutes, and SMS to the next month. Transferred balance from the current month will be canceled in 1 month. The client receives, within the purchased (paid) package, the Internet access service at the maximum available speed at a certain point of network coverage. After the package is exhausted, the Client can continue the use of the Internet access service, however at a reduced speed. The client has the right to purchase (buy) extra gigabytes at the cost indicated on the website https://yolka.eu. The balances of additionally purchased (purchased) gigabytes and/or received by a promo for the next month are not transferred, unless other conditions are set out in writing on the official online resource of the Company - https://yolka.eu. International calls and/or SMS services are not included in the list of Services within any plan. Calls to special Spanish numbers with code (901, 902, 806 ...) are not included in the package of services provided. The company is an independent contractor of Vodafone Enabler España S.L, the mobile network and Internet assess Operator. (hereinafter the "Operator"). The Company acts as an intermediary between the Client and the Operator within a certain territory. The company does not initiate data transfer; does not select the recipient; does not select or change information during transmission. Depending on the type of services provided by the Operator, the Company may not be entitled to terminate the provision of such services or accept claims concerning such services. The Operator complies with the obligations about registration in accordance with the national legislation of Spain. The Operator has all the licenses, certificates, permits, and authority necessary to conduct their business and fulfill its obligations to customers during the term of this Agreement. The company makes no warranties in this regard. The Company provides the Client with the Product, which includes the https://yolka.eu website in different languages, the Client’s Personal Account, the Client’s notification system in different languages. Through paying for the Services, the Customer confirms the unconditional acceptance and consent to the conditions set forth in this Agreement. If the Customer does not agree to be bound by this Agreement, such Customer can not use the Services. The Company may modify or supplement this Agreement without any additional notice. The new version of the Agreement enters into force immediately after publishing the Product.
CONTINUED USE OF THE ACCOUNT AND / OR SERVICES BY THE CLIENT AFTER ANY SUCH CHANGES OR SUPPLEMENTS DENOTES THAT THE CLIENT CONSENTS WITH THE CHANGES.
Terms of returns
The SIM card can be returned in case of arisen communication problems, on condition that the services are paid in time, and the problem remained unresolved within 24 hours since the date of the corresponding fixed request of the Customer to technical support by e-mail or online chat. In this case, the Client should send notification about the termination of services to the address: [email protected] In 72 hours after the receipt of such notification, the Company sends a request for confirmation of the return of the SIM card. If the Customer confirms the return, the SIM-card will be blocked by the Company. Funds for the purchased package for the current month are not returned. If after receiving the SIM card Customer decides to refuse using it and the wrapping of the received SIM-card has not been opened and not damaged, the Customer is entitled to demand reimbursement of the paid cost of the unused SIM card. In this case, the Client sends the Company a corresponding notification to the address: [email protected] Within 72 hours since the notification is sent, the Company will send the Client a request for confirmation of the return of an unused SIM card. After confirming the return, the Customer himself and at his own expense return the unused SIM card in unopened and undamaged wrapping. The Company will refund the paid cost of the SIM card to the balance of the Client after receiving the unused SIM card. The cost of the delivery is not reimbursed if there was any.
1.1 The SIM card is provided on tangible media. The SIM card is ready for use upon receipt if you have selected a new number. When switching to MNP, the Company informs the Client about the moment of activation additionally (it takes at least 7 days to switch to MNP). In order for the Services to be provided, the Client should be identified within 3 days in accordance with the Spanish Law 25/2007 since October 18 “About the storage of data relating to electronic communications and public communication networks”.
1.2 The Client, by registering a SIM card and providing the necessary registration data, can create a personas area in the Personal Account, available on the website https://yolka.eu, which contains the balance of the Client.
1.3 In order to activate the Services, the Client should provide the Company with an identity card, uploading its image to the Account, fill in the data, and sign the Service Agreement in electronic form. The Agreement is generated in his Personal Account and based on the data inputted.
1.4 The Client confirms and agrees that the information provided to the Company and any subsequent changes to it must be complete, correct, and valid; the Client must notify the Company of any changes in such information.
1.5 The Services may be suspended in accordance with applicable law if incorrect identification data has been provided.
1.6 Services are not provided to Customers under 18 years old.
2. SIM card usage
2.1 If the SIM card which is supposed to be used by the Client to access the Services is used to access the Client’s Account or the Services without his or her permission, the Client must immediately inform the Company about this. The Client is responsible for all costs of using the Services until the Client notifies the Company about these circumstances.
2.2 The Client agrees to pay for the Services provided by the Company. The Company is not responsible for fraudulent activities resulting from the theft or fraudulent use of the Customer’s payment instruments (credit/debit/payment card, etc.). The Client agrees and acknowledges that he or she is fully responsible for the safety and safety of the device (equipment) through which the Client receives the Services, and the Client agrees that the Company is not responsible for the unauthorized use of the Services through the Client's device (equipment). The Company is not responsible for any damage caused to the Client or losses incurred by the Client in case of access to the Client’s information or other personal information by a third party.
2.3 The Company can block any transaction or the current balance of the Client’s Account if the Client’s activity is suspected to be fraud or unauthorized while using the Services.
Reasonable and non-abusive roaming traffic from a country belonging to the European Economic Area with destination to one of those countries will be computed as national traffic, under the same conditions applicable to the contracted national rate. Abusive use in roaming will be considered: a) the absence of residence or stable link in Spain of the Client, Yolka Mobile being able to request supporting documentation of said links; b) the existence of long periods of inactivity of a certain SIM card linked to a primary or exclusive use when roaming; c) the activation and sequential use in roaming of multiple SIM cards by the Client; d) when it is observed that, in a minimum period of four (4) months, the consumption and stay by the Client/lines in the mentioned countries is greater than the consumption and stay made in Spain.
In all these cases, prior communication to the client fifteen (15) days in advance, Yolka Mobile may apply a surcharge that may not exceed the wholesale price in force as provided in the Implementing Regulation EU 2016/2286. In the case of data consumption continuation, Yolka Mobile will communicate to the Client the limit of data consumption when roaming in the European Economic Area from which the aforementioned surcharge may be applied. For roaming traffic carried out in the rest of the world, the corresponding rate will be applied to each country and international roaming zone.
3. Technical support
3.1. The Client may send any questions, complaints, or suggestions regarding the Services to [email protected] or through any other contact specified in the Product.
3.2. Any information about the malfunctioning of the Services and/or the Product may be reported to the Company, and the Company must make reasonable efforts to eliminate such a malfunction in case if such a malfunction is the result of errors contained in the Services or the Product. Correction of a malfunction may be carried out as a temporary fix, consisting of instructions for the Client to correct the malfunction.
3.3. The only responsibility of the Company and the only remedy for the Client against any refusal of the Company to provide technical support is: (a) using commercially reasonable efforts to eliminate or correct a malfunction for the Company or (b) terminating this Agreement for the Client.
3.4. The company is not responsible and does not provide technical support concerning the problems caused by third-party products.
3.5. The above technical support conditions are exclusive and substitute all other warranties, written, oral, implied, or established by law. NO IMPLIED WARRANTIES OF COMMERCIAL VALUE OR SUITABILITY FOR A PARTICULAR PURPOSE DO NOT APPLY. Under no circumstances shall the Company be liable for loss of profits or income, loss of use of products or services, business interruption, cost of capital, or for any special, indirect, incidental, or punitive damages.
4.1. Tariffs and cost of Services are indicated in the Product. The Client is responsible for checking the conditions of the current tariff before using the Services. If the Services are provided free of charge and unlimited, the scope of the Services provided in this way may be limited.
4.2. The Client may deposit funds into his Account by using the payment methods and currencies available in the Product. Payment service providers may apply their own terms and conditions for replenishment processing. CUSTOMER CAN ACTIVATE THE AUTOMATIC CHARGE OF FUNDS FROM A PAYMENT CARD OR CUSTOMER'S BANK ACCOUNT. CUSTOMER CAN DISABLE AUTOMATIC CHARGING IN PRODUCT SETTINGS AT ANY TIME. CUSTOMER IS RESPONSIBLE FOR THE CONTROL OF COSTS AND ACCOUNTS, AS WELL AS FOR THE CONTROL OF THE STATUS OF AUTOMATIC CHARGE.
4.3. If the Client does not have registered facts of network activity during the use of the Services, the balance of the Client’s funds will be debited in the appropriate amount of the tariff selected by the Client. If such a deduction leads the lack of funds on the Account, this Agreement will be terminated and the SIM-card will become invalid.
4.4. The Company reserves the right to change the cost and/or conditions of the Services without prior notice. Any changes in the pricing policy, terms of plans, the list of services provided, and special promotions will be indicated in the Product. The Company has the right to limit the size of free Services provided at its discretion at any time without prior notice
4.5. The Client is obliged to notify the Company of any changes in the Client’s payment information, including the expiration date of the credit or debit card used in the Account. If for any reason the Client’s balance becomes negative, the Client hereby authorizes the Company to charge a negative balance from any available method of payment of the Client without any additional confirmation.
4.6. Customer is responsible for verifying their billing information. The absence of any notice of the Client of the Company about contestation of any debiting within thirty (30) days from the date of payment reflected in the Client's Account will be considered as complete and unconditional acceptance of such payments. The Client reimburses the Company all the amounts paid by the Company in the form of fines and commissions to the Communication Services Operator arising from payment disputes initiated after 30 days. If the Customer disputes the invoicing size, the Customer must provide substantial evidence of incorrect invoicing or fraudulent transactions. If the Customer disputes the amounts indicated in the bills provided in the Account, the payment data available to the Company are mandatory and final for billing purposes.
4.7. The client must provide the Company with the correct information about the delivery address of the SIM-card and pay for the selected plan and provision (delivery) of the SIM-card. The delivered SIM card is active for use, but the Customer identification procedure is required (in accordance with the requirements of Spanish law) in the Product. Delivery time may vary and depends on different delivery addresses. Delivery is considered completed on the day when the transport company confirms the delivery of the package to the Client or to one of the points of delivery. The Company will not be liable for a package delivered late, damaged as a result of delivery, sent to the wrong address, or not delivered through the fault of the Customer. In this case, the Company has the right to charge a re-payment of the SIM-card. The Company does not compensate for the delivery fee in case of non-delivery due to the fault of the Client or in case of return of the SIM card by the Client.
4.8. If the SIM card does not work, as specified in this Agreement, through the fault of the Company, the Company must reimburse expenses wasted for the activation of such a SIM card to the Client within 30 days since such a faulty SIM-card is received back from the Client. All applications for compensation or exchange of the SIM-cards must be sent within 30 days from the receipt of the order. Compensation will be carried out according to the requisites of the means of payment (credit, debit or payment card, etc.) having been used for the purchase.
5.1. The Client may stop using the Services any time by notifying the Company by any means available. In this case, the Company deactivates the Client's Account while retaining the possibility of recovery within three months. In all cases, the Client will be responsible for paying for the Services provided until the end of the current (paid) month.
5.2. The Company may terminate the provision of the Services to the Client any time at its discretion and terminate this Agreement.
5.3. In case of termination of the Agreement, the Company will return all the balance except the payment for the current month to the payment requisites of the Client, having been used to make the payment, within 60 days. If these payment details cannot be used, the Company will make commercially reasonable efforts to request new details for reimbursement. Failure to receive a refund amount means a waiver of the right to request a further refund.
5.4. The absence of payment after the payment deadline is regarded by the Company as the desire to terminate the agreement unilaterally. In this case, the contract will be terminated on the last day of the current month.
5.5 If the Client's balance has been negative for more than 90 days, his phone number with the code "698" will be blocked and becomes unavailable for the Client.
5.6 Likewise, Company reserves the right to temporarily or permanently suspend the Service, with immediate effect, in the event of fraudulent and/or illegal practices, or illegal usage of the Service, or where there is a reasonable and justifiable risk of said conduct taking place, without the aforementioned suspension generating any compensation whatsoever for the Customer, and without prejudice to the exercise of any legal actions corresponding to Company. The above right may be exercised not only with regards to the affected line, but also any others that may belong to the Customer if deemed appropriate to the circumstances of that case.
6. Illegal use
6.1. The Client will not use the Services for any illegal, abusive or fraudulent purpose, including (but not limited to) using the Services in such a way as to (a) prevent the provision of the Services to the Client or other Clients; (b) abuse any premium or advertising program; or (c) violate applicable law. The Client may not transfer any materials to the Company or otherwise take any actions that, by a sole decision of the Company, may interfere with the Services or other Clients, as well as violate the rights of any third party or otherwise constitute undesirable behavior
6.2. If the Company reasonably believes that the Client or any third party uses the Client's Account in such a way as to abuse the Services or some other way violate this Agreement or applicable law, the Company may immediately suspend, restrict or cancel the Client’s Account and the Client’s ability to use
6.3. Except for those cases that contradict the applicable law, the Customer is prohibited to carry out or authorize reverse engineering, disassemble or decompile the SIM-card, Services, and/or Product. The Customer is prohibited to resell, sublicense, or use a SIM-card or Services in order to provide data processing services to service bureaus or any other way provide data processing services to third parties. The Client is not allowed to use the SIM card or Services, or transfer all or any part of the SIM card or Services to anyone other than the Client
6.4. The Client acknowledges and agrees that any applicable laws on export and import govern the use of the SIM card and Services by the Client, and he or she will not directly or indirectly export or re-export the SIM card or Services, he or she will not allow any use in violation of such laws or the use of the SIM card or Services for any purpose prohibited by such laws.
6.5 The Client agrees not to use the communication services provided by the Company, as well as the subscriber number allocated under the Agreement for the purpose of conducting advertising mailings and organizing other mass mailings that violate the requirements of the current legislation, lotteries, voting, quizzes, contests, surveys, installation and use of gateways, dialer systems, equipment for the automated reception and processing of telecommunication messages (automated centers) and the organization of other activities aimed at extracting or, without the written consent of the Company, and not to commit other acts that pose a threat to the normal functioning of a communications network that is harmful to the Company, other clients and/or third parties, and not to distribute spam or malware.
In this clause of terms and hereinafter, the term “gateway” means a hardware-software complex, server, or any other equipment transmitting voice and/or non-voice information between the Operator’s communication network and other communication networks, allowing access to other communication networks and/or provide third parties with access to the Operator’s communication network.
7. Disclaimer and limitation of liability
7.1. The Client agrees at his own expense to fully protect, indemnify and compensate the Company, its parent company, its subsidiaries, shareholders, directors, officers, employees, agents, and Providers the losses from any and all claims (including, without limitations, reasonable attorney fees), arising because of (a) the use of the Services by the Client, (b) the Client’s Account (including the use of the Client’s Account by a third party) and (c) this Agreement
7.2. The exception is losses caused by intentional unlawful actions of the Company and / or the existence of a legislative ban. Under no circumstances will the Company be liable for any direct, special, indirect, incidental, consequential or punitive damages, including, but not limited to, the loss of profit or income or increased operating expenses, even if such losses were known to the company or companies specifically reported about the possibility of such losses. In addition, under no circumstances will the company be liable for losses incurred or associated in any way with the inability of the Client to access or the difficulties of the Client in accessing the Services.
7.3. The Services are provided “The way it is” and the Company makes no warranties of any kind, explicit or implied, including, but not limited to, any guarantees of ownership, no an infringement of intellectual property rights, commercial value, technical compatibility or suitability for a specific purpose in relation to any services, products or materials provided in accordance with this agreement. The Company does not provide any guarantees that the services will be uninterrupted, error-free, or consistent with the requirements of the Client. The Client clearly acknowledges and agrees that since the services are provided on the Operator’s mobile and Internet networks outside the control of the Company, the Company is not responsible for any related violations. The Company is not responsible for the content of the messages transmitted through the Services, except for its own messages of an official nature.
7.4. Except the Client’s obligation to pay for the Services, neither the Company nor the Client shall be liable to each other for any delay, failure to perform tasks, loss or damage for reasons beyond reasonable control, including, but not limited to force majeure, fire, strikes, explosions, power grid failures, earthquakes, floods, floods, labor disputes, terrorism, military operations, riots, actions or omissions of carriers or the Operator, failure of systems and regulations, regulatory authorities or government agencies
7.5. Neither the Company nor the Operator guarantees any level of efficiency of the Services in any particular coverage area.
7.6 Neither the Company nor the Operator are responsible for the inability to transfer via MNP from another operator to Yolka Mobile. The cost of production and delivery of a SIM card for € 7 is not refunded to the Client. The client receives the remains minus the costs to the Company mentioned above.
8.1. Any information, including any materials, messages, ideas, suggestions or other messages (in conjunction - “Information”) shared by the Client transfers with the Company in any form, remains the exclusive property of the Company. Transfer of Information by the Client means the alienation to the Company of all rights, titles, and interests throughout the world to all copyright and other intellectual property rights concerning this Information. The Company will have the right to use, reproduce, disclose, publish and distribute any information that the Client submits for any purpose without any restrictions and without any compensation. In this regard, the Company prohibits Clients to send to the Company any information that the Client does not wish to alienate to the Company, including any confidential information or any information concerning the rights of third parties
9. Provision of Home Internet service (broadband, fibra)
The technology used to provide broadband services is fiber
9.1 The Client authorizes the Company, as well as the technicians appointed by it, to carry out all the actions necessary for the correct installation and, if necessary, removal of the necessary equipment for the correct provision of the Service. For this, the Client gives access to his home and the necessary funds, renewing this permission at the time of removal of the installed equipment. The Client declares that he has permissions and licenses of third parties, which, if necessary, are necessary for the installation and use of the Service. The provision of the Home Internet service (fibra) does not imply the automatic cancellation of all services concluded by the Client with the previous operator, therefore, if the Client wants such a cancellation, he must contact his previous operator.
9.2 When providing a broadband access service, a decrease in data transfer speed may occur when using an Ethernet cable connection between the equipment provided and the Client's terminal or using other means of communication, such as Wi-Fi. The speed may be limited by the capabilities of the client terminal used for connection, and in case of using other means, such as Wi-Fi, it may be reduced by the characteristics of this connection method. In this case, in addition, the speed may be limited by other factors, such as the structure of the Client’s place of residence, interference with other Wi-Fi networks, the capabilities of the Client’s terminal, use outside or indoors or other factors, as well as for network maintenance operations or service interruptions.
9.3 The provision of a broadband access service may imply incompatibility between this service and services based on modems or alarm systems, switches, IPTV, elevator lines and remote assistance services, and in general, for any service provided on traditional telephone lines, which does not guarantee that after its installation such incompatibilities will appear.
9.4 The Company will provide the Client with Equipment and all the necessary elements ensuring the proper functioning of the Service. The Company may change the technical specifications of the Equipment provided to the Client by informing him of this through its website (www.yolka.eu) or through its Customer Support Service. To provide Broadband Services through Fibra, the Company provides Equipment to the Client at no additional charge during the entire duration of the Contract. The company will be responsible for the maintenance of the Equipment and its replacement in case of malfunction. The customer must return Equipment to Fresh Point Technology S.L. in a state of operability and safety, at the request of the Company at any time and, in any case, within one (1) month after the termination of payment for broadband access services. If the Client does not return the pointed Equipment during this period, he must pay the Company an amount of one hundred (100.00) euros. In case the Client detects a hardware malfunction or a service malfunction, he must contact Yolka Mobile Technical Support by calling a short number 22033 (for Yolka Mobile subscribers) or by calling +34 822110365. The Client will be responsible for the correct use of the Service and Equipment, as well as for their use for their exclusive personal purposes, without the possibility of passing them to third parties without the direct consent of the Company and take the obligation to control the use and access made for themselves.
10. General provisions
10.1. If any provision of this Agreement is deemed invalid, illegal or unenforceable, the remaining provisions of this Agreement will be in full force and effect.
10.2. This Agreement, together with any written changes or written additions, will constitute the entire agreement between the Client and the Company regarding the Services provided under this Agreement and substitutes all previous or simultaneous agreements, written, electronic or oral, between the Client and the Company. None wrote or oral statement, advertisement or description of a service that is explicitly not contained in the Agreement may not contradict, clarify, modify or supplement it.
10.3. This Agreement must be governed and interpreted in accordance with Spanish law. In case that a claim or demand has been made concerning this Agreement, the Client agrees with the exclusive jurisdiction and location of the courts in Spain. For any action to enforce this Agreement, including but not limited to any collection actions by the Company in accordance with this Agreement, the Client will pay the Company reasonable expenses for lawyers in accordance with such actions. The Client confirms and agrees that this provision is applied regardless of where the Client is located or where he or she uses the Services or pays it. This Agreement is originally written in Spanish, and the Spanish version takes precedence over any translations.
Download the Spanish version here.