Terms and conditions for Pre-paid Telephone Services
This agreement describes the terms and conditions by which Sleepwell Marketing S.L., CIF number B-53694576 (hereinafter referred to as 'Sleepwell Marketing' or 'the company') supplies pre-paid telecommunication services to customers (hereinafter referred to as the 'customer') in Spain. These conditions apply to services with different names, i.e. low cost calls in Spain, Low cost mobile call Spain,Call Europe, Callsaver for use from fixed lines and mobile telephones, and Callsaver1 for use solely from mobile telephones (hereinafter referred to as Call Europe, Call saver1or the service(s)).
By using any of the Sleepwell marketing s.l services, including the first time, you agree to these terms and conditions.
The agreement will be in force from the time the company notifies you that your application to use the services has been accepted.
Sleepwell marketing s.l agrees to provide the Call Europe,Callsaver or Callsaver1 or other services, a pre-paid, rechargeable account or pre paid calling card for the customer's use, allowing access to alternative telecommunication networks from the customer's normal Telefónica (or other) fixed line, or from another line of the customer's choice by means of an account and PIN number, or from the customer's mobile telephone.
The customer's account can be opened with a minimum of €20 and can be recharged with a minimum of €20. Recharging is achieved by submitting credit or debit card details, on line or by telephone to Sleepwells Customer Service Dept. Payment can be made by cheque or transfer may also be used, subject to funds being cleared by the customer's bank. Sleepwell reserve the right to alter the minimum opening and recharge amounts.
Sleepwell offer a system of Automatic Recharge (Auto top up) where the company recharges the customer's account from previously supplied credit/debit card details, whenever the customer's account balance falls below an agreed level. Customers who choose this option authorize the company to do this on a continuous basis. The customer must inform sleepwell of any changes to the credit/debit card details which Sleepwell uses for Automatic Recharge. This includes the expiry of the card being used and any change of address.
All amounts prepaid by the customer include IVA.
Sleepwell will charge all costs of calls made with the service to the customer's account, based on the call records, up to the amount prepaid to Sleepwell, and will charge only for calls made. Sleepwell is not responsible for the cost of calls made by the customer in error, or through not using the service according to the instructions supplied by the company.
Calls will be charged at the rates, which are current at the time of the call. The published rates may not be correct for non-geographical numbers in the country being called. Rates are available on request from the Customer Service Dept or through the web page www.lowcostcallsinspain.com (tdm/viop tariff): .
Sleepwell reserves the right to alter rates without prior notice.
The customer agrees to use the service only for making telephone calls to the published destinations.
The customer may, at any time, request the closing of the account (unless it is suspended for reasons described below), and may request the balance of the account as a refund.
The customer agrees not to use the service to transmit any material that may be abusive, offensive, obscene, indecent, menacing, and defamatory or which might cause offence to anybody, or to use the same service to commit a fraud or any other unlawful activity.
The customer agrees not to disclose the PIN number or account password to another person, other than an approved representative of Sleepwell.
The customer agrees to be responsible for all charges arising from calls made with the service from the fixed line or mobile phone number which they registered with the Sleepwell marketing s.l systems or from other phone lines where calls have been made by using the account number and PIN.
The customer agrees to inform sleepwell marketing s.l immediately of any unauthorized use of their account, suspected fraudulent activity, or if the account number or PIN number or password has been obtained by another person.
The customer agrees to inform Sleepwell marketing s.l immediately if the telephone number registered with the Sleepwell system is transferred to another person.
The customer agrees to protect Sleepwell marketing s.l against all liabilities, claims, damages, losses and expenses arising from any breach of these terms and conditions.
Sleepwell marketing s.l offers free call credit to customers for introducing the company's services to new clients. This scheme, 'Recommend a Friend' is covered by a separate set of terms and conditions and is available on request.
From time to time the company may offer the customer free call credit as a promotion. This free call credit is non-transferable, has no cash equivalency or redeemable value, and can only be used for making telephone calls through Sleepwell, unless otherwise authorized by Sleepwell.
Sleepwell marketing s.l reserves the right to close and or suspend the customer's account if there are reasonable grounds for believing there exists a breach in these terms and conditions.
Sleepwell marketing s.l reserves the right to close the customer's account if it remains unused for a period of one year, in which case the customer may request the balance of the account as a refund.
Sleepwell marketing s.l may, from time to time, supply the customer with specialized auto dialers or programmable telephones, or other similar equipment, to facilitate the use of the service. Such equipment will remain the property of Sleepwell marketing s.l and must be used strictly according to the instructions supplied by Sleepwell or their authorized representatives, and must only be used from the customers address registered with Sleepwell. The customer will take all reasonable steps to protect such equipment from loss or damage, and will not attempt to modify or interfere with such equipment in any way.
The customer agrees to allow Sleepwell staff, or their authorized representatives, reasonable access to the above equipment for maintenance, modification, repair or removal.
Sleepwell shall not, in any way, be liable for any direct, indirect or consequential loss including, without limitation, loss of profit, costs, damages and other liabilities of whatsoever nature arising from provision or failure of the service to the customer. Nothing in these terms and conditions shall serve to limit Sleepwell's liability in respect of death or personal injury to the customer caused by negligence of Sleepwell marketing s.l.
Sleepwell will not be liable for failing to provide the service due to interruptions to the electricity or telecommunications network, social conflicts, fire, explosions, floods, storms, lightening, war, terrorist activity, government action, strikes, industrial action, or any other reason due to force majeur.
Sleepwell reserve the right to transfer, or sell, or assign the service to other third parties without prior notice.
Credit is no refundable and none transferable.
These terms and conditions are subject to Spanish law.
Data Protection. By using the Sleepwell service you the customer agree to these terms and conditions, which authorizes the company to process your personal data for the purpose of supplying the service to you. You also agree to the company using your personal data for the purpose of sending you information offering you services and products from time to time. You also agree to the company offering you services and products from other companies, which we consider, may be of interest to you. Should you not agree to such use of your personal data please inform us by letter at; SLEEPWELL MARKETING S.L, Edificio Espanoleto local 1, C/ Esperanto 26 bajo, 03503 Benidorm, Alicante
