English Version
This document is an English written version of NOS Terms and Conditions.
In the event of discrepancy between the English and the Portuguese versions, the Portuguese version prevails over any other.
General conditions for the provision of eletronic comunicattions service and related services
1.1. The General Conditions ("Conditions") applicable to the provision by NOS Comunicações, S.A., a Portuguese public limited company (PLC), with head office at Rua Actor António Silva, nr. 9, Campo Grande, 1600-404 Lisbon, registered with the Portuguese commercial registry and VAT number 502.604.751, with share capital of € 576,326,759.00 ("NOS"), to the Customer, of the Service identified in the Specific Conditions, Contract Summary Template and/or Customer Adhesion Form(s) ("Service"), under Law 16/2022, of August 16 ("Electronic Communications Law") and its amendments and regulations, as well as to the provision of other additional services, facilities of the Service and associated functionalities, requested or accepted by the Customer and made available by NOS, through any of the means of subscription to new services.
1.2. For the purposes of these Conditions and in accordance with article 71 of the Civil Procedure Code, NOS and the Client are deemed to be domiciled respectively at the addresses indicated on the Formulário de Adesão ("Form").
1.3.The Specific Conditions and the Form also apply to the provision of the Service and take precedence over the Conditions.
1.4. The Customer, as the holder of this Agreement, declares, with respect to the users of the services and, where applicable, their representatives (such as managers, proxies, or account managers), that it has made them aware of these Conditions, in particular the provisions of clause 18 (Personal Data). Moreover, regarding the processing of personal data for sending marketing communications and in relation to users or representatives, it states that it has obtained their previous consent or has informed them of this fact and of the possibility of exercising their right to object, all under the terms of the Form and of the clause 18.
1.5. The type of maintenance services covered by the provision of each Service are those established as such in the Specific Conditions and/or indicated on the Form.
2.1. The individual contract for the provision of the Service ("Contract") that results from NOS' acceptance of the Form is governed by the Specific Conditions of Service, the contract summary template (“CST”) where applicable, and the terms of the Form.
2.2. The Form and accepted when duly completed and signed, and in the measure in which the necessary assumptions for the provision of the Service are met in the modalities requested, in the case of Service(s) provided on a prepaid basis, the acceptance is conditioned to the Customer`s call.
2.3.NOS may assign to the Customer a reference value corresponding to the maximum estimated cost of the monthly Service to be used by the Customer, for the purposes of the provisions of clauses 7.3. and 7.4. of the Conditions or others that are included in the Specific Conditions or in the Form duly accepted by the Customer, who may request to NOS, at any time, the indication of such value as well as its alteration or adjustment, under the terms described in the Contract.
2.4.When the Form is signed by someone other than the Client identified therein and the Contract does not produce effects in relation to the same, due to lack or insufficiency of powers of representation, the Contract is considered to have been concluded with the subscriber(s) of the Form, it being understood, for all legal and contractual purposes, that references to the Client refer to the subscriber(s), without prejudice to the right that, in this case, is granted to NOS to terminate the Contract, by written notice given under clause 12.6.
2.5. If the Client wishes to change any of the Service options made available by NOS, he/she must communicate that intention to NOS, which, in case of acceptance of the changes intended by the Client, will make them effective within the term agreed with the Client.
3.1. The Contract takes effect on the date of the Service commercial activation.
3.2.For the purposes of this Agreement, the terms "Commercial Availability" or "Commercial Activation" of the Service occur and designate the moment when NOS confirms to the Customer the acceptance of the subscribed Form for the provision of the Service.
3.3. The Commercial Activation is subject to the suspensive condition corresponding to the cumulative verification of the following situations:
a) receipt of the Form, completely and correctly filled out;
b) acceptance by NOS upon confirmation to the customer.
4.1 The Contract will be subject to a minimum initial term coinciding with the commitment period indicated in the Form or the Contract Summary Template and whose existence in the case of the consumer Customer and, if applicable, to micro- enterprises, small enterprises or no for-profit organizations, depends on the allocation of a compensation duly identified and quantified, associated with subsidized terminal equipment, the installation of the service, when applicable, the activation of the service or other promotional conditions. After the commitment period indicated in the Form or in the Contract Summary Template, the Contract will be automatically renewed for successive periods of 1 (one) month when not terminated by either party, by simple written notice to the other, with a minimum notice period of 1 (one) month in relation to the date of expiration of the initial term of the Contract or any of its renewals.
4.2. If there is no indication of any commitment period or in case of any irregularity in its indication, the Contract is subject to an initial minimum term of 1 (one) month, being automatically renewable under the terms of clause 4.1.
4.3. During the commitment period, the Customer shall keep the tariff plan he/she has subscribed to and, whenever this plan requires minimum mandatory top-ups, the Customer shall make them under the terms and for the period previously defined.
4.4.Changes to the contractual conditions WheneverNOSamendstheseConditions under the terms of article 135 of the ELECTRONIC COMMUNICATIONS LAW, it will notify the Customer of such amendment by any written means or any other durable medium at least one (1) month before the date on which the amendment comes into force.
5.1. Whenever NOS amends these Conditions under the terms of article 135 of the Electronic Communications Law, it will notify the Customer of such amendment by any written means or by means of a durable medium least one (1) month before the date on which the amendment comes into force.
5.2. If the Client does not accept the changes communicated under the terms of the previous number, he/she may rescind the Contract, free of charge, by notifying NOS of this intention within 30 (thirty) days after receiving notice from NOS.
5.3. The Customer may notify NOS of his/her intention to terminate the contract by registered letter with acknowledgement of receipt, sent to Apartado 52111, EC Campo Grande, 1721-501 Lisbon, at a NOS store, through the Customer Area, or by any other means that may be created for this purpose. The Customer may find more information on the forms of termination of the Contract at https:// www.nos.pt
5.4.In the cases foreseen in the previous numbers of this clause, the contract termination will take effect on the date of the changes that determined it.
5.5.The Customer acknowledges and accepts that the price update provided in clause 10.2. does not constitute an amendment of the contractual conditions under this clause.
5.6. The right to terminate without any charge provided for in paragraph 5.2. does not apply when the changes (i) are proposed exclusively for the benefit of the Client, (ii) when they have no negative effect on the Client, in particular those of a purely administrative nature or related to the provider's address, nor (iii) when they result directly from the application of a national or European Union legislative act or ANACOM act or regulation.
5.7. NOS reserves the right to cease providing some of the services or functionalities that may be accessed through the Service, upon written notice sent to the Customer under clause 5.1. with at least fifteen (15) days' notice.
6.1. In the case of distance and off-premises Contracts and if the Customer is an individual acting for purposes that are not part of his professional activity, he may exercise the right of withdrawal within 14 (fourteen) days or, when the subscription to thes erviceis made at the Customer's home or during a visit organized by NOS, or by its representative or agent, outside the respective commercial establishment, within 30 (thirty) days from the date of conclusion of the Contract through an unequivocal communication to NOS, by any means that can be proven by the Customer, under the terms of the Model Withdrawal Form included in the annex to Decree-Law No. 24/2014, of February 14, or any other that may replace it.
6.2. After exercising the right of withdrawal, the Client must, within 14 (fourteen) days from the date he/she has communicated his/her decision to terminate the contract, return to NOS or any third party indicated by NOS, the goods delivered with the execution of the contract or by virtue of that execution, bearing the costs associated with that return.
6.3. The exercise of the right of withdrawal does not release the Client from the payment of the proportional value of the service provided, in cases where the service has begun during the legal term for withdrawal.
6.4. The right of withdrawal does not apply in the event that the services have been fully performed with the Client's express consent and upon his or her acknowledgement that full performance is an exception to the right of withdrawal.
6.5. In case of termination of the Contract under the terms of this clause, NOS will reimburse the Client for the payments received, which are not relative to the price of the services provided at the Client's request, within 14 (fourteen) days from the date it is informed of the termination of the Contract. The reimbursement will be made by bank transfer, to the IBAN indicated by the Customer when exercising the right of free withdrawal, or, if the IBAN is not indicated, by check.
6.6. NOS reserves the right to withhold the reimbursement of the amounts referred to in the previous paragraph until the Customer returns the goods or provides evidence of their return.
6.7. The Client will be fully responsible for the conservation of the goods until the termination of the Contract and delivery of the same to NOS, and must return them in the appropriate conditions, being also responsible before NOS for the depreciation of the goods if the handling exceeds that usually allowed in the commercial establishment, in which case the Client is due the commercial value of the same.
7.1. Notwithstanding the provisions of other clauses, in order for the Client to use the Service, he/she must cumulatively comply with the Conditions of access to the Service that are duly indicated in the Specific Conditions and/or Form, as well as in the Service tariff that is in effect.
7.2. Whenever the activation of the Service depends on the installation or provision, by NOS or by a third party, of any technical or other means, the Client undertakes to take the necessary steps and to provide his/her consent to all acts in which his/her intervention is required.
7.3. When the value of the Service(s) used by the Customer in a given period of time reasonably allows to predict that the overall monthly amount of the Service(s) will exceed the reference value assigned to the Customer under clause 2.3, NOS may inform the Customer of this, and the Customer may request, alternatively, the adjustment of the assigned reference value or its maintenance.
7.4. Changing the Customer's request may be subject to changing the conditions of payment for the Service or to advance payment of a certain monthly volume of communications in accordance with the tariff applicable to the Services, which will not exceed the difference between the previous value and the new reference value requested by the Customer.
7.5. The Service must be used in accordance with the provisions of the Acceptable Use Policy and, if applicable, the Fair Use Policy, that may be consulted www.nos.pt. The Customer's violation of the conditions of access and use of the Service constitutes grounds for suspension or termination of access to the Service, under the terms provided in clause 12. of the Conditions.
8.1. NOS will provide the Service on a regular and continuous basis, undertaking to repair any faults that may occur in its provision and committing to comply with the quality levels it is required to, in accordance with the applicable legislation, and in accordance with the quality of service parameters that may be defined by ANACOM.
8.2. Without prejudice to the provisions of the previous number, NOS undertakes to ensure the quality of service levels duly indicated in the Specific Conditions.
8.3. In cases where the Service is unavailable for a period exceeding 24 hours, consecutive or accumulated per billing period, for reasons not imputable to the Customer, NOS will proceed with the credit due as provided in the Electronic Communications Law.
8.4. The Customer shall be entitled to a compensation, under the terms set forth in the Electronic Communications Law, in cases where there is failure to comply with the deadlines for the services’ activation or repair of faults set forth in the Specific Conditions, as well as for failure by NOS to appear on the dates agreed upon for that purpose.
9.1. If the provision of the Service implies the need to install infrastructure or network equipment, NOS shall be responsible to determine which it considers appropriate for the effect and may also, during the term of the Contract, change the type of infrastructure/network equipment and access under its responsibility, ensuring the quality of the Service within the agreed conditions.
9.2.NOS will maintain and repair the infrastructure and equipment of its property that it uses in the provision of the Service.
9.3. NOS is not responsible for obtaining the authorizations required for the installation of infrastructure/equipment at the Customer's facilities and shall also not be liable for any change, for which it is not responsible, in the conditions of use of such infrastructure/equipment that may cause interruptions, interferences or any other difficulties in the use of the Service, without prejudice to the right of termination set forth in clause 12.6.
9.4. NOS may provide the Customer, by means of sale, rental, or temporary assignment free of charge, with the equipment necessary to access and use the Services.
9.5. In cases where the equipment is provided to the Customer on a rental or free temporary loan basis, the same constitute and remain property of NOS and will, during the period of use of the Services under the custody and responsibility of the Client, and must only be used in a lawful manner and for its exclusive use, being the Client obliged to compensate NOS for damages in case of loss or theft and, in general, for damages not resulting from normal, lawful and diligent use or resulting from modification works to the installation that have not been previously authorized by NOS
9.6. The Customer may freely choose the necessary terminal equipment to use the Service, bearing the respective costs of acquisition or rental, installation and maintenance, being obliged, however, to use only those that comply with the legal requirements in force at each moment and also the characteristics and technical requirements necessary for the good and effective use of the Service, namely those that constitute Conditions of Access to the Service set out in the Specific Conditions and/or Form, being responsible for ensuring that they do not interfere with NOS’ network or services.
9.7. If the equipment for use and access to the Service is supplied by NOS or by a supplier approved by NOS specifically for the provision of the Service, it may contain devices that ensure their exclusive use within the scope of the Service.
9.8. In cases where infrastructure/equipment of NOS' network is placed in the Customer's facilities, the Customer undertakes to observe the respective conditions of “packaging and use” as foreseen in the corresponding Specific Conditions and/or Equipment Supply Order.
9.9. In the case foreseen in the previous number, the Client will be responsible for the infrastructures/equipment of NOS' network, being obliged to compensate it for all damages caused since the moment of its installation until its delivery to NOS, under the terms of the conditions applicable to them.
9.10. Once the Contract is terminated, the Client is obliged to return to NOS the equipment assigned or to give access to the personnel indicated by NOS to proceed with the dismantling and removal of infrastructures/equipment assembled for the provision of the Service which are property of NOS, on a date to be agreed in accordance with NOS’ request, addressed to the Client with a minimum prior notice of 48 hours, within 30 (thirty) days following the termination of the Contract. 9.11.If the customer does not return the equipment to NOS or if the disassembly and removal cannot be carried out within the 30 (thirty) days referred to in the previous number, for reasons attributable to the customer, the customer is obliged to compensate NOS in the amount equivalent to the value of substitution of the infrastructure/equipment in question, published on www.nos.pt.
10.1 The prices due for the provision of the Service or related services will be those resulting from the application of the respective tariffs and conditions that are in force at any given time, which may include the payment of a monthly fee and/or consumption in accordance with their provisions, as well as specific compensations associated with the Service and/or equipment that has been assigned to the Customer.
10.2. The prices applicable to the services may be subject to a simple update in the period between February and April of each year, by reference to the inflation rate calculated based on the Consumer Price Index of the previous year, published by the National Statistics Institute (NSI), or, in any case, in the minimum amount of 50 cents (VAT included).
10.3. The payment for the Service(s) will be due as of the Commercial Activation, and the start of invoicing will be reported to that moment.
10.4. NOS will invoice monthly the amounts to be charged for the provision of the Service, according to the prices shown in the Price List in force at each moment.
10.5. To the amounts indicated in the previous number, for each invoice not paid within the corresponding period, the amount foreseen in the tariff in force at each moment shall be added as compensation for the charges associated with the collection of the outstanding invoice, due to non- compliance with the obligation to pay on time.
10.6. Without prejudice to the provisions of number 8 of this Clause and to any limitations resulting from applicable rules on privacy, namely as regards to the right of users who are authors of calls, NOS will make available to the Client detailed invoicing of the Service used, in cases where the Client has expressly requested it. In this case, NOS may charge the Client for the additional cost associated to that provision, according to the Tariff in force at each moment. The invoice details will be presented with the last 5 digits of the destination numbers hidden, otherwise provided by law.
10.7. The Client undertakes to pay the invoices within the period stated therein to NOS, to whomever NOS indicates or to any entity specifically empowered for that purpose.
10.8. Invoices may be issued on paper or electronically, depending on the means chosen by the customer and, if applicable, in accordance with the conditions and costs of the Tariff in force in each moment.
10.9. In cases where the Form contains an indication that the Service will be provided on a Pre-Payment basis, the Customer shall pay in advance, through a charging system or other system made available by NOS for this purpose, in accordance with the Tariffs.
10.10. The monthly invoice may include amounts for goods or services provided by third parties other than NOS, whether or not related to electronic communications services.
10.11. Any complaint from the Client regarding invoices issued by NOS within the scope of the Service does not suspend the obligation to pay subsequent invoices, within the due dates indicated in them, being, however, obliged to proceed diligently to assess the reasons given in the complaint and without prejudice to proceeding with the credits or refunds to the Client that may be due.
10.12. Without prejudice to the possibility of suspending or terminating the Contract under the terms set forth in clause 12, the Client's delay in payment gives NOS the right to charge default interest calculated at the legal rate applicable to commercial operations.
10.13. NOS may require payment in advance of a certain monthly volume of communications in accordance with the applicable tariff for the Services, calculated according to the average monthly value of consumptions made by the customer or, when this does not exist, according to the forecast value of consumptions considering the tariff chosen by the customer.
10.14. Without prejudice to the provisions of the previous number, NOS may require the provision or strengthening of guarantees or their reinforcement in situations of service restoration following an interruption arising from breach of contract due to the customer, in the case of private clients, in the amount to be set by ANACOM.
The Service may not be made available by the Client, free of charge or at a charge, to third parties, nor may the Client allow its use, for the direct or indirect benefit of third parties, without the prior written consent by NOS.
12.1. The Service may not be suspended without an appropriate notice period, except in case of unforeseeable circumstances or force majeure.
12.2. Without prejudice to the provisions of the previous number, NOS may suspend or limit the offer of the Service(s):
a) whenever the suspension or limitation proves to be necessary to ensure network security, namely in situations of emergency or force majeure, to react to threats or situations of vulnerability, to avoid interference between technical systems and whenever necessary to ensure compliance with the rules on the protection of the Customer against risks to privacy and personal data, as well as to ensure the maintenance of the integrity of the network, the interoperability of the services and the compliance with the spatial planning plans and respect for the constraints inherent to the protection of the environment and heritage, upon notification to the Customer, made at least 24 hours in advance, except in case of emergency or force majeure;
b) if the Customer fails to comply with the access conditions relating to terminal equipment or other Service Access Conditions duly indicated in the Specific Conditions and/or Form, by notifying the Customer at least 24 hours in advance, except to the extent that the law imposes another deadline, in which case this will apply;
c) in case of the Customer's default, namely for non-payment of the invoices corresponding to the Services, upon prior notice to the Customer made at least twenty (20) or thirty (30) days in advance, depending on whether the Customer is a non-consumer or consumer Customer, indicating the reason for the suspension and the means available to the Customer to avoid it, as well as for the resumption of the Service or for the automatic termination of the Contract, in the case of consumer Customers.
12.3. Notwithstanding the provisions of the previous paragraph, the provision of the Service may not be suspended as a result of non-payment of any other service, even if included in the same invoice, unless they are functionally inseparable, being conferred to the Customer the right to partial payment and discharge, in which case the suspension shall be limited to the service that has outstanding amounts, unless the services are functionally inseparable.
12.4. If the Service is provided on a pre- payment basis, NOS will ensure that the Customer is informed that his balance is close to zero and that the service will soon be interrupted if the Customer's account balance is not increased.
12.5. Suspension of the Service for non- payment of invoices does not affect the Customer's access to calls that do not imply payment, namely those made to the single European emergency number, which will be guaranteed.
12.6. NOS may terminate the Agreement by giving the Customer at least eight (8) days' notice (unless where the law imposes another time limit, in which case that time limit shall apply, or where prior notice is incompatible with the nature and gravity of the breach, in which case termination shall precede the notice itself) in the following cases:
a) Serious or repeated non-compliance by the Client with the legal, regulatory or contractual provisions applicable to the Contract;
b) Client's delay of twenty (20) days or more in the case of non-consumer Clients;
c) The provision by the Customer of false statements regarding elements that NOS considers essential, prior or subsequent to the execution of the Contract, including the provision of false statements when filling out the Form;
d) non-compliance with the Conditions for Access to Service;
e) in the other cases foreseen in the Specific Conditions of Service.
12.7. The lifting of restrictions on the supply of the Service arising from the Client's default or the signing of a new contract to provide the Client with electronic communications services or related services by NOS depends on the full payment of the outstanding invoices, plus default interest at the legal rate applicable to commercial operations, of the amounts indicated in 10.4. and also any costs that may be due for the lifting of the suspension and reactivation (reactivation fees) in accordance with the conditions that are in force on the date of the lifting of the restrictions.
12.8.The Customer may terminate the Contract based on NOS' non-compliance with any obligation resulting therefrom, by registered letter with acknowledgement of receipt sent to Apartado 52111, EC Campo Grande, 1721-501 Lisbon and where proof of ownership of the Contract is provided, at a NOS store, through its Customer Area, or by any other means that may be created for this purpose. The Customer may find more information on the ways to terminate the Contract at https://www.nos.pt.
12.9. Unless otherwise provided by law, NOS may prevent the termination set forth in the previous number if, within thirty (30) days after receiving the communication set forth in that number, it makes the missing service or compensates the damage occurred, in cases where the grounds alleged by the Customer are confirmed.
12.10. NOS or the Client may also terminate the Agreement in cases where the use of the Service is prevented by a fact attributable to third parties or where the necessary authorizations for the installation of technical means essential to the provision of the Service are not obtained, or in cases where there are changes in the conditions of use of these technical means that prove harmful to quality of Service provision, namely, causing interruptions, interference or other serious difficulties in its use by the Customer.
12.11. The resolution foreseen in the previous number will be exercised by means of a written communication sent to the other party at least 15 (fifteen) days prior to the date on which it will take effect, and the communication must specify the respective grounds.
13.1.Under the terms and for the purposes of the provisions of paragraph c) of No. 1 of Article 113 of the Electronic Communications Law, in case of termination of the services offered by NOS, the latter shall inform the Customer, in writing, at least 15 (fifteen) days in advance.
13.2. In the case foreseen in the previous number, the Contract will cease its effects from the date of the termination of the offer, without prejudice to the Customer's obligation to pay any amounts arising from the use of the Service until that date.
In case of termination of the Contract by NOS during the period fixed under the terms of clause 4.1. based on the Client's non-compliance, as well as in case of early termination of the Contract during the commitment period, by initiative of the Client, the Client shall be obliged to pay NOS the value of the charges calculated under the terms foreseen in the Electronic Communications Law, without prejudice to the right to any amounts due and interest.
15.1. Notwithstanding the provisions of paragraph 8.4., NOS shall not be contractually liable for loss of profits or indirect damages. NOS’ contractual liability shall be limited, in any case, to damages that result directly from the breach, with intent or gross negligence, of contractual obligations, by NOS or by representatives, agents, assistants or any other persons it uses for the performance of its obligations. This includes breaches regarding failure or deficiency of the Service.
16.1. NOS reserves the right to change the way of providing the Service and the services dependent on it, providing them through its own infrastructure or the use of which it has contracted for that purpose, ensuring the respective quality levels without additional costs to the Customer, without prejudice to the provisions of clause 5. of these Conditions, in cases where such changes are a modification of the contractual conditions.
16.2. For the purposes of the previous number, the Customer shall cooperate with NOS to enable the implementation of technical changes necessary for this purpose.
16.3. NOS may directly ensure the fulfillment of the obligations arising from the Contract or, when it deems fit, subcontract the provision of all or part of the Service or related services (subcontracting, namely, the provision of technical services, customer service, technical assistance, commercial or collection management) to other entities, applying to these cases the provisions of Clause 18.4.
17.1. Without prejudice to other forms of communication agreed between the Parties, set forth in the Contract or resulting from mandatory legal provisions, the notifications made to the Customer related with the Service or with its relationship with NOS, will be made by SMS or e-mail, to the contacts indicated by the Customer, or to the address indicated by the Customer for billing purposes.
17.2. Without prejudice to other forms of communication agreed between the Parties, set forth in the Contract or resulting from mandatory legal provisions, communications from the Customer to NOS may be made: at a NOS store; through the customer support service 931 699 000 or 16990, sent to Apartado 52111, EC Campo Grande, 1721-501 Lisbon, or through any other means that may be created by NOS for this purpose, applying the formalities provided for each case.
18.1.The entity responsible for the treatment of personal data is NOS Comunicações, S.A.
18.2. NOS has appointed a data protection officer who can be directly contacted by letter to NOS - DPO, Rua Actor António Silva, nr. 9, Campo Grande, 1600-404 Lisbon or by email to dpo.privacidade@nos.pt
18.3. The personal data of NOS' Clients are processed because they are necessary for the conclusion and execution of the contract, to comply with legal obligations imposed on NOS, to pursue NOS' legitimate interests or because consent has been given. The data identified in the Form as being mandatory are indispensable to the provision of the service by NOS. The omission or inaccuracy of these data or other information provided by the client is entirely the responsibility of the client.
18.4. The personal data provided by the Client or generated by the use of the service will be processed and stored electronically and will be used by NOS for: marketing and sales, customer management and service provision, accounting, tax and administrative management, litigation management, detection of fraud, revenue protection and auditing, network and systems management, information security and physical security control, operator management, and legal obligations.
18.5. Data processing for marketing purposes will be carried out in accordance with the choice of consent expressed by the Customer. Consent must be prior, free, informed, specific and unambiguous, expressed in a written or oral statement or by validating a choice. The Customer may object to the processing of data for marketing purposes at any time and by any means.
18.6. The Customer's personal data may be included in telephone directories and information services of third parties, including the Universal Service provider, when the Customer has given consent.
18.7.Personal data is stored for different periods of time, depending on the purpose for which they are intended and taking into account legal criteria, necessity and minimization of storage time. In particular, traffic data may be retained until the end of the period during which the invoice can be legally challenged or payment can be claimed, or for legally defined periods for the purposes of investigation and prosecution of criminal offenses.
18.8. NOS may record calls for evidence of a business transaction and any other communications concerning the contractual relationship, as well as to monitor the quality of the customer service, as required by law or if consent is obtained, as applicable.
18.9. NOS may use subcontractors for the purposes of processing personal data, namely for customer management, service provision, billing and litigation management, being these entities obliged to develop appropriate technical and organizational measures to protect the data and ensure the defense of the data subject’s rights. Under determined circumstances, certain personal data may need to be communicated to public authorities, such as tax authorities, courts and security forces.
18.10. In case of non-compliance with the payment of the service in an amount equal or higher than 20% of the minimum monthly remuneration guaranteed, NOS may register the Client's data in the Shared Database (BdP), a database common to other companies that offer communications services. NOS must inform the Client, within five (5) days, that its data has been included in the BdP.
18.11. NOS gives each customer the right to make their number or the calling number confidential, the right to reject confidential calls and the right to identify the origin of unidentified calls which disturb the family peace or privacy. NOS may record and transmit to organizations with legal authority to receive emergency calls, the location data of the Customer for the purpose of responding to such emergency call, regardless of the use of any de-identification mechanisms of the calling line or equivalent.
18.12. Customers are guaranteed the right of access, rectification, opposition, erasure, limitation and portability of their personal data. The exercise of these rights may be requested on 800 109 300 or by written request sent to NOS - Privacidade, Rua Actor António Silva, nr. 9, Campo Grande, 1600- 404 Lisbon or to the email address cliente.privacidade@nos.pt.
18.13. Without prejudice to the possibility of complaining to NOS, the Customer may submit a complaint directly to the control authority, whose contacts can be found at www. nos.pt/privacidade
18.14. The Customer can obtain complete and up-to-date information about NOS' privacy policy and treatment of personal data, available at www.nos.pt/privacidade, namely regarding the categories of data treated, the purposes and legitimacy for the treatment, the retention periods and the exercise of rights.
19.1.In the event of a dispute, and for the purposes of service, the conventional domicile of the Client shall be that indicated by the Client for billing purposes.
19.2. For any issues arising from this Agreement, the judicial courts and entities of Alternative Dispute Resolution will be competent, and consumer customers may appeal to arbitration courts to which NOS is legally bound - CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www. arbitragemdeconsumo.org), CAUAL – Centro de Arbitragem da Universidade Autónoma de Lisboa (arbitragem.autonoma.pt), Centro de Arbitragem de Conflitos de Consumo de Lisboa (www. centroarbitragemlisboa.pt), Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (www.consumoalgarve.pt), Centro de Arbitragem de Conflitos de Consumo do Vale do Ave (www.triave.pt), Centro de Informação de Consumo e Arbitragem do Porto (www.cicap.pt), CIAB - Centro de Informação, Mediação e Arbitragem de Consumo (www.ciab.pt), Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra (www.centrodearbitragemdecoimbra. com) and Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira (www.srrh.gov-madeira.pt/cacc) - whose contacts can be found at www.nos.pt and are permanently available at www. consumidor.pt
19.3. Without prejudice to the recourse to courts and entities of Alternative Dispute Resolution, the Customer may complain to NOS of acts or omissions that violate the applicable legal, regulatory or contractual rules, and must specify and substantiate the terms of the complaint, which may be presented at Apartado 52111, EC Campo Grande, 1721-501 Lisbon.
19.4. The deadline to present the complaint foreseen in the previous number is 30 (thirty) days, as of the knowledge of the facts by the Customer.
19.5. Complaints submitted under the terms of the previous numbers will be decided by NOS and notified to the complaining Customer within 30 (thirty) days from the date they are received.
The Contract is governed by Portuguese law. This document is an English written version of NOS Terms and Conditions. In the event of discrepancy between the English and the Portuguese versions, the Portuguese version prevails over any other.
Specific conditions of the television service
For the purposes of the General Conditions ("Conditions"), namely clause 1.1, the Service corresponds to the Television and Multimedia Distribution Service and may also include one or more additional services indicated on the Formulário de Adesão ("Form"), on the Contract Summary Template ("CST"), or to which the Customer has subsequently subscribed, or which may be agreed upon.
2.1. DESCRIPTION
2.1.1. The Television and Multimedia Distribution Service ("Television Distribution Service") includes the basic product for access to the NOS distribution network as set forth in the Price List ("Base TV Product"), the product integrated with television service ("Television Service"), additional channels ("Premium Products" or "Additional Services"), as well as access to interactive products, Video-on-Demand ("VoD") products and others that are part of NOS portfolio. The Customer acknowledges and accepts that the subscription to Premium Products and/or Additional Services may imply their subscription for a minimum period of 30 (thirty) days.
2.1.2. The Client has access to most of the television channels that, at any given time, are part of the Television Distribution Service provided by NOS as issued and while the respective signal is available for retransmission, as long as the customer has adequate reception equipment and those channels are part of the service indicated on the Form.
2.1.3. NOS may add, substitute or eliminate channels provided within the scope of the Television Distribution Service, namely as a result of changes to the contractual relationship with the entities that provide such content, ensuring, whenever applicable, the minimum number of subscribed channels. NOS undertakes to notify these changes in writing to the Client, namely via SMS, email, message on the invoice issued, or on the screen of the equipment used by the Client to access the service, at least thirty (30) days in advance of the date on which the change takes effect, unless the change cannot be predicted with such notice, in which case NOS will disclose it as soon as it becomes known.
2.1.4. The availability of the Television Distribution Service may imply, for the Client, the use of a decoder ("Decoder"). The purchase or rental of the Decoder from NOS will be governed by the terms and conditions set forth in the Conditions, at www.nos.pt and those communicated by NOS to the Customer.
2.1.5. The Television Service may include generic recommendations or recommendations based on the customer's preferences, depending on the subscribed offer. In this latter case, the data relating to the content viewed will be processed by NOS.
2.2. VIDEO ON DEMAND PRODUCTS
The use of VoD products is only possible through a suitable Decoder or using the online TV service, as indicated at www.nos.pt, and the use must be made in the modalities and according to the prices foreseen in the Decoder or in the online TV service. The amounts due for the request of products will be billed monthly, with the monthly fee of the Services, without prejudice to other payment methods that may be made available by NOS.
2.3. INTELLECTUAL PROPERTY RIGHTS
2.3.1. The contents made available or accessed within the scope of the TV or VoD Distribution Service are protected by intellectual property rights, namely copyrights and/or related rights.
2.3.2. The contents are exclusively for the private use of the Client and only at the installation address(es) indicated on the Form or any others that may be communicated to NOS.
Any other use of such content outside of the aforementioned use, namely its public communication, in addition to being subject to compliance with the applicable conditions, may only occur through:
2.3.2.1. Express authorization from NOS;
2.3.2.2. Express authorization, to be ensured by the Client, of the holders of rights referred to in 2.3.1, namely through collective rights management entities and payment of the corresponding remuneration that may be due.
2.3.3. The price due to NOS for the provision of the TV and VoD Distribution Service does not include any eventual remuneration due to the holders of rights referred to in 2.3.1. in return for authorization for any use other than the Client's private use and cannot be considered as authorization, even if implicit.
2.3.4. The Customer shall fully respect the rights referred to in this clause 2.3, in particular by refraining from, unless otherwise authorized, using the content to which it accesses within the scope of the Television Distribution Service for unauthorized purposes and from performing any acts likely to violate the law or the aforementioned rights, such as the reproduction, commercialization, transmission or making available to the public of such content or any other unauthorized acts with respect to such content.
3.1. The Services provided over the NOS Fiber network (HFC (Hybrid Fiber Coax) and FTTH (Fiber to the Home) technology) are only available in the geographic areas covered by that network (information on geographic coverage available at www.nos.pt) and, unless otherwise specified, availability of the pre-existing network or any reason arising from the nature of the Service and without prejudice to the provisions of the Specific Conditions, (i) the installation includes the supply and installation of the necessary cable to the Customer's network and a socket (if socketed installation is requested) and installation accessories, as well as its connection at the installation address; (ii) the cable will be installed on sight, unless the local already has through infrastructure (with special installation solutions at the Customer's request being subject to quotation); (iii) the specific prices and supply conditions in force shall apply to the additional sockets and other additional equipment, in addition to those provided for in the Specific Conditions.
3.2. The installation, connection and/or activation of the Services provided by NOS may require the prior performance of technical tests. If, after these tests have been carried out, NOS detects that there are not the necessary conditions for the installation, connection and/or activation, NOS will refund the Client, within a maximum of 30 (thirty) days, for the amounts related to the installation/connection and/or activation that may have been paid by the Client, who shall return to NOS the equipment made available by NOS under the scope of the subscription to the Services, and NOS shall not be responsible for any other compensation for such situation.
3.3. The Customer acknowledges and accepts that access to the Services may depend on the power supply, so that in case of power failure the Customer will not be able to use the Services, and NOS cannot be held responsible for such fact.
4.1. For the purpose of accessing certain Services and/or the functionalities/facilities associated to them, NOS may provide the Client, or users that the Client authorizes, with personal identification codes ("User Name") and access codes ("Access Codes"). The Access Codes are personal and non-transferable and are for the exclusive knowledge and use of the Client, who shall ensure and protect, under any circumstances, the confidentiality of the same, namely by not revealing them to third parties and not operating under conditions that allow their disclosure and/or copy. NOS shall not be liable for any losses or damages caused by abusive use of the Access Codes that are not directly attributable to NOS by intent or gross negligence.
4.2. The possible use of the Services by third parties using the Access Codes provided to the Client shall be deemed to have been made by the Client, namely for thepurposesofbillingorcompensationfor damages suffered by NOS or third parties, unless the Client proves that the access was not authorized by him/her and that it was made without his/her fault. For security reasons, simultaneous access with the same User Name and Access Code will not be allowed.
5.1. NOS will make available to the Customer, through sale, rental, or temporary assignment free of charge, the equipment necessary to access and use the Services.
5.2. In cases where the equipment is made available to the Client on a rental or free temporary assignment basis, the equipment constitutes and remains property of NOS and is, during the period of use of the Services for which they were made available, under the custody and responsibility of the Client, and should only be used in a lawful manner and for its exclusive use, being the Client obliged to compensate NOS for losses suffered in case of loss or theft and, in general, for damages not resulting from normal, lawful and diligent use or resulting from modification work to the installation that has not been previously authorized by NOS.
5.3. Damage not resulting from normal use includes, but is not limited to, cosmetic damage, damage to the chassis due to dropping, tampering with the safety seal, removal of parts or components including hard disks.
5.4. The Client must communicate to NOS and the competent authorities the loss or theft of the equipment made available under rental or free temporary leasing.
5.5. Without prejudice to NOS' right to compensation for damages suffered, the notification of loss or theft of equipment does not release the customer from paying the price due for the non-return of the same, as provided for in the Price List.
5.6. For technical reasons or technological evolution, NOS may replace the equipment provided to the Customer, who undertakes to give access to the installation local to NOS-accredited personnel to carry out any necessary work.
5.7. The Decoder works with the access card ("Card") or equivalent technology (cardless or "smartcardless"), through which NOS authorizes the Client to access the subscribed Service(s), provided the other obligations under the General Conditions are observed. When made available to the Client, the Card is always property of NOS, which reserves the right to demand its return to the Client in case of disconnection of the Service(s) for which the Card was made available, being the Client obliged to pay the price due for the same, established in the Price List, if the Card is not returned. Customers are expressly forbidden to copy, tamper with or alter the access codes on the Card or equivalent technology installed in the Decoder, under penalty of NOS being able to suspend the Customer's access to the Service(s), without prejudice to other rights arising from legal provisions or the Conditions.
5.8. The Customer acknowledges and accepts that certain equipment made available by NOS may allow the recording of contents ("Recordings"), however, NOS does not ensure the full preservation of the recordings made and is not responsible for the loss of contents previously recorded by the Customer.
5.9. NOS reserves the right to delete Recordings made (including those that the Customer has protected through the "Protect Recording" feature) that are 6 months old, or on the scheduled deletion date for each content, if earlier. In the thirty (30) days prior to the deletion date, the recorded content will have associated the information of the date when it will no longer be available for viewing.
5.10. The Customer acknowledges and accepts that there may be situations where, for technical reasons, or by imposition of the rights holders referred to in clause 2.3. of these Specific Conditions, it is not possible to access the Recordings.
5.11. Each Customer will be assigned a recording quota (space available for storage of recordings on the platform provided by NOS) to make recordings. The quota limit may be changed by NOS at any time.
5.12. The Recordings feature includes automatic management of the recording quota (with automatic actions to delete older and already viewed recordings), which is triggered whenever the quota limit is reached and space is needed for new recordings.
For the purposes of the provisions of clauses 8.2 and 8.4 of the Conditions, NOS will ensure the following levels of quality service:
a) Maximum time for initial activation of the Service: 48 hours, from the time NOS confirms to the Customer the acceptance of the Form and the installation of the Service;
b)in the case of faults under the responsibility of NOS that cause interruptions in the provision of the Service, NOS will restore the Service within 48 working hours from the moment NOS takes notice of the fault, except to the extent that it is technically impossible.
7.1. The Customer can obtain up-to-date information on the tariffs in effect at any given moment at www.nos.pt or through the Customer support service 931 699 000 or 16990.
7.2. NOS will issue, on a monthly basis, an invoice with the prices due for the Services and equipment, which must be paid by the Customer by the due date and through the means indicated therein.
7.3. When, as a result of unforeseen circumstances or force majeure, namely for technical reasons, it is not possible to invoice on a monthly basis, prices will be invoiced as soon as the necessary conditions are met, in which case invoices will include the accumulated amounts due for Services and equipment that were not subject to previous invoicing.
7.4. The circumstance that NOS, within the scope of campaigns, promotions or special transitory regimes, allows access to one or more Services during a certain period, without payment of any specific price, does not give the Client any right to demand access to the Services beyond the period and under other conditions than those made available by NOS. At any time, NOS may cancel, totally or partially, the access to the Services covered by those campaigns, promotions or special transitory regimes, in which case the Client will not be entitled to any refund, indemnity or compensation, remaining bound to the payment of the charges that may be applicable, in case of request the termination of the Services.
8.1. For the purposes set out in clause 4.1 of the Conditions, the Contract in respect of each Service has a minimum initial term indicated in the Form and the CST and will automatically renew for periods of one (1) month unless terminated by either party by notice in writing to the other at least one (1) month prior to the date of expiry of the initial term of the Contract or any of its renewals. Clause 4.2 of the Conditions shall apply.
8.2. In the case of the Television Service, if the request for termination of the Services is received up to ten (10) days prior to the end of the billing cycle in progress, the deactivation/disconnection will be carried out at the end of that billing cycle. If the request is not received with the aforementioned advance notice, the deactivation/disconnection will only be made at the end of the following billing cycle, which will be invoiced to the Customer.
8.3. For Services other than the Television Service, if the request for termination of the Services is received by NOS 15 (fifteen) days before the end of the initial duration period or any of its renewals, the deactivation disconnection will be made until the end of the current period. If the request is not received 15 (fifteen) days in advance, the deactivation/disconnection will be carried out until the end of the next contractual period.
8.4. If the Customer does not punctually comply with the Contract, NOS may, by simple written communication, made within 10 (ten) days after the invoice is due, indicate the consequences of non-payment, namely the suspension of the Service for a period of 30 (thirty) days and the automatic termination of the Contract if the non- compliance continues after that period, and the means available to the Customer to avoid them.
8.5. Occurring the suspension and termination of the Contract provided for in the previous number, NOS may demand the payment of charges for the early termination of the Contract during the commitment period, under the terms indicated in the Conditions and calculated in accordance with the Electronic Communications Law. The termination of the Contract will not have retroactive effects, so it will not prejudice NOS' right to receive the amounts due for the provision of the services up to the moment the termination takes effect. However, this does not affect NOS’ the right to demand compensation for the exceeding damage.
8.6. The provision of services will be reactivated and the demand for payment of the charges will become void if the Client makes payments of the amounts initially in arrears within the thirty (30) days granted for this purpose under paragraph 8.4.
8.7. If the payment of the amounts initially in arrears is not made within the period established in the previous number, the delay will become a definitive breach and the Contract will be automatically terminated, without prejudice to NOS' right to the amounts mentioned in number 8.5. above.
8.8. To the amounts calculated under this clause shall be added, as compensation for failure to comply with the obligation of timely payment, the costs incurred by NOS under the process of extrajudicial or judicial collection.
8.9. The Client expressly acknowledges and accepts that the installation and activation of the Television Distribution Service may imply the disconnection of the pre-existing television reception system at the installation address. The disconnection of the Television Distribution Service does not oblige NOS to restore the pre-existing television reception system, namely in case of termination of the provision of Services, whatever the cause.
8.10. The Customer may obtain updated information regarding the commitment period that has elapsed and the amount payable in the event of early termination of the Contract on Customer initiative, through the monthly invoice, if applicable, or the Customer support service 931 699 000 or 16990.
8.11. The contract termination request for the end of the commitment period in force, referred to in the previous number, should include the Customer's identification details, the Service(s) or Contract(s) Customer wish to terminate, and the request must be signed by the Customer, in accordance with the identification document a copy of which should be attached, or by a representative with powers to that effect, in which case, in addition to the identification document, proof of powers of representation must be provided. In the event that the signature is recognized under the legally admissible terms or the request for termination is presented through from the Client's reserved area accessible through the website www.nos.pt, it is not necessary to attach copies of identification documents.
8.12. The contract termination request, which fulfills the requirements identified in the previous number, may be communicated by the Customer to NOS by post, sent to Apartado 52111, EC Campo Grande, 1721-501 Lisbon, at a NOS store, in Customer Area, or by any other means that may be created for that purpose. The Customer may find more information on the ways to terminate the Contract at https://www.nos.pt
8.12.1. Upon receipt of the contract termination request under the terms set forth in this clause, NOS will confirm to the Customer its receipt, within five (5) working days, by one of the means indicated in clause 17. of the Conditions.
8.12.2. If the contract termination request is not in accordance with the provisions of this clause, namely because the necessary information or documentation is missing, NOS shall communicate such fact to the Client, within 3 (three) working days after receiving the request, by one of the means indicated in clause 17. of the Conditions, and the Client must send the missing information or documentation within 30 (thirty) working days, after which, if the Client has not complied with the request, it will be considered as having expired. 8.12.3. The contract termination request accepted by NOS according to item 8.12.1. or 8.12.2. will become effective at the end of the notice period indicated in items 8.2. and 8.3. of this clause, being the Customer responsible for the payment, during this period of time, of the amounts associated with the Service and the assigned equipment, without prejudice of the Customer's obligation to return the equipment owned by NOS, under the terms set forth in the Contract.
8.13. The provisions of paragraphs 8.11. and 8.12. of this clause shall apply, with the necessary adaptations, to the request for termination of the Contract at the initiative of the Customer.
8.14. Once received by NOS the request for termination of the Contract, according to the provisions in number 8.12. of this clause, NOS, within 3 (three) working days, will confirm its receipt or request the sending of missing information or documentation, by one of the means indicated in the clause 17. of the Conditions.
8.15. The termination of the Contract during the commitment period, by initiative of the Customer, implies the payment to NOS of the amounts indicated in the terms of this Contract, namely the one foreseen in number 8.5. of this clause.
9.1. The Customer agrees to use the Service(s) and Equipment(s) only at the installation address(es) indicated in the Form, except for the Service(s) and Equipment(s) that have a mobile nature, being solely responsible for the use it makes of the Service(s), Equipment(s) and any other materials complementary or accessory to them, namely software and hardware, even if made by third parties, with or without its authorization, and for the full and timely compliance with the Conditions and the applicable national and international legislation, namely regarding copyright and related rights, industrial property and computer crime, and therefore commits not to use the Service(s) and Equipment(s) in an illicit way. Unless expressly and previously authorized by NOS, the Product(s) and Equipment(s) and any other complementary or accessory materials to those made available by NOS are for the Client's own use and cannot be transferred to third parties for commercial purposes or any other purposes.
9.2. The Client expressly acknowledges and accepts that he/she can only access and use the Service(s) which he/she has actually subscribed to. If the Client detects that he/she has access to Service(s) provided by NOS without having subscribed them, he/she must immediately notify NOS of this fact and immediately cease using the Service(s), under penalty of being required to pay the corresponding prices, according to the Tariff in force.
The Contract where these General and Specific Conditions are inserted may have documents attached, which, once previously accepted by NOS, will become an integral part of it. The provisions contained in the attachments will prevail over the other conditions of the Contract.
Specific conditions for mobile telephone service and mobile broadband internet access service
For the Conditions ("Conditions"), namely clause 1.1, the Service corresponds to the mobile telephone service and/or the Mobile Internet access service and/or the Telephone service and may also include one or more additional services indicated on the Formulário de Adesão ("Form")" in the Contract Summary Template ("CST"), or to which the Customer has subsequently subscribed or which may be agreed upon.
1.1. MOBILE TELEPHONE SERVICE ("MTS") The Service is intended solely to allow the Customer to use the services that are contemplated in the CST, in the Form to which the Customer subscribed and under the terms of the respective tariffs, and may not be given any other use, including conversion or rerouting, in any form, of traffic, regardless of its origin, in mobile traffic destined to the mobile network, in which case NOS reserves the right to refuse the connection, disconnect or withdraw SIM cards from service.
1.1.2 The tariffs include the automatic activation of pre-defined volumes of mobile data to ensure the Customer's continued access to the Service. The pre- defined volumes of data are activated once the volume included in the Monthly Fee is exhausted, and the price provided in the CST applies. Automatic activation of mobile data is subject to a maximum number of activations defined in the CST. This maximum number can be increased, limited or deactivated by the Customer, namely through the NOS App, customer area, support lines or at a NOS store. The use of pre-defined mobile data volumes has the validity indicated in the CST.
1.1.3. The Customer may deactivate, at any time and free of charge, the functionality of automatic activation of predefined volumes of mobile data referred to in the preceding paragraph.
1.1.4. The automatic activation feature referred to in clause 1.1.2. is suspended whenever the Customer, having exhausted the amount of mobile data included in the Monthly Fee, requests a manual activation of mobile data.
1.1.5. For the purposes of the preceding paragraphs, whenever the Customer reaches 80% of the data volume included in Monthly Fee, he/she will be notified by NOS by SMS, which will include (i) information on the proximity of reaching the data limit included in the Monthly Fee (ii) the price applicable to the volume of data subject to automatic activation, (iii) the possibility of managing, including deactivating, the automatic activation feature and (iv) the possibility of requesting a manual activation of mobile data by reply to the SMS.
1.1.6. NOS will inform the Customer, via SMS, of the achievement of the data volume included in the Monthly Fee, the automatic activation of the pre-defined volume of data, the price and validity of the activation and the possibility of managing, including deactivating, the automatic activation feature.
1.1.7. NOS will always inform the Customer, via SMS, of each automatic activation, its price and validity and of the possibility to manage, including deactivating, the automatic activation feature until the maximum number of activations predefined by the Customer or defined in the CST is reached.
1.1.8. The MTS tariffs and services subscribed applies to communications made directly between the call originator and the final recipient and for non-value-added services.
1.1.9. The roaming service covers the possibility of making calls abroad or calls from a foreign country to Portugal and receiving calls in a foreign country, including the Voice Mail service, whenever such forwarding is activated, when the terminal is switched off or when calls are not answered. For roaming and/or international calls, NOS may apply barring for certain destinations and/or value-added services.
1.1.10. If the Contract includes roaming or international communications service, NOS may, at any time, make its provision dependent on an advance payment, under the terms set forth in clause 10.13. of the Conditions, or on the provision of a guarantee, under the terms set forth in the respective clause 10.14.
1.1.11. The scope of the roaming service is dependent on the existence of coverage as well as the existence and validity of a roaming agreement with operators with coverage in the place from or to where the customer wants to use the service in question, and the customer may at any time request the necessary information about the service from NOS.
1.1.12. The possibility for the Client to communicate while roaming in the European Economic Area ("EEA"), at prices similar to national ones, applies to Clients with habitual residence or stable ties that imply frequent and significant presence in Portugal. NOS reserves the right, in case of abusive behavior, namely prevalence of consumption (>50%) or roaming presence within the EEA for 4 months, to request evidence that proves residence and/or demonstrates frequent and significant presence in national territory. Prolonged inactivity of a given SIM card, associated with a main, if not exclusive, roaming use, as well as the subscription and sequential use of several SIM cards by the same customer while roaming, is also not allowed.
1.1.13. NOS will alert the Customer in advance of the detection of any behavior that indicates a risk of abusive or anomalous use of the roaming service, under the terms of the previous number. If there is no change in the usage pattern that demonstrates actual presence or consumption in Portugal, NOS may apply a surcharge to any subsequent use of the roaming service with the SIM card in question after the date of that alert.
1.1.14. Without prejudice to applicable domestic volume limits, in the case of offers that include data caps or unlimited data traffic, roaming customers in the EEA have the possibility, when periodically traveling in the EEA, to consume a volume of data at the price applied in Portugal equivalent to twice the volume obtained by dividing the overall domestic retail price of that offer, corresponding to the billing period, by the maximum regulated wholesale roaming tariff in force at each moment.
1.1.15. The estimates of Download (DL) and Upload (UL) speeds for Internet service access on cell phones are as indicated in the CST.
1.1.16. For the purposes of the preceding paragraph: Estimated maximum speed, the value of the maximum speed realistically achievable by the Customer, at different locations and under typical usage conditions.
1.1.17. The speeds associated with each Internet access tariff through mobile wireless technology are conditioned by several factors, namely (i) the number of simultaneous users in the area covered by the cell to which the customer is connected (ii) the technologies and speeds supported by the terminal equipment used (iii) the activity and intensity of traffic carried in the cell coverage area (iv) network coverage in that zone or location (v) use inside buildings or indoor areas (vi) simultaneous use of other applications (vii) the operating system and configurations of terminal equipment to access the Service (viii) the characteristics of the servers used and the capacity of the networks that connect these servers to the Internet (ix) other factors beyond NOS' control, namely weather conditions.
1.1.18. NOS may define and apply, if necessary, traffic management measures in order to ensure efficient use of network resources and overall improvement of transmission quality.
1.1.19. NOS may also, if necessary, apply more severe traffic management measures when this results from the need to implement judicial orders, administrative authorities or to comply with legislation, preserve network integrity and security, prevent imminent network congestion and mitigate the effects of exceptional or temporary congestion.
1.1.20. The implementation of the above traffic management measures may temporarily decrease the advertised data transfer speeds, in all or some traffic categories, as appropriate to minimize the impact of these measures in the quality of the Internet access service, namely, in the use of contents, applications and services, being safeguarded the users' rights related to privacy and personal data protection.
1.1.21. NOS may offer Internet access services optimized for specific content, applications or services, or a combination thereof, if the optimization is necessary to meet the requirements of the content, applications or services for a specific level of quality. The Customer acknowledges and accepts that by contracting specialized services, the ability to achieve the advertised speed may be affected in situations of possible network congestion ortotheextentthatitisnecessaryto ensure the quality of transmission at each moment.
1.2. MOBILE BROADBAND ACCESS SERVICE
1.2.1. The Service allows generic access to the Internet, direct and permanent, as well as access to any complementary services that may be supported on it.
1.2.2. The quality of the service is guaranteed when it is carried out using duly licensed equipment and operating systems and, when applicable, with the technicalspecificationsandconfigurations recommended by NOS. NOS does not assume any responsibility regarding difficulties occurring with equipment and specifications or configurations other than those recommended by NOS or with the use of unlicensed equipment and operating systems.
1.2.3. The Service will be provided via wireless technology, whereby Customer acknowledges the existence of potential coverage limitations within buildings that are inherent to this technology and accepts that as a result of these limitations NOS cannot guarantee operation of the Service in 100% of potential usage locations.
1.2.4. Information on the Service's coverage zones, details of the features, tariffs and technical specifications of the Service and the elements required to access it, namely those referred to in sub-paragraph b) of clause 2.2.2, are published on the Internet at www.nos.pt or any other website that mayreplaceit,andinformationmayalsobe obtained by contacting the customer service department at 931 699 000 or 16990, or any other that may replace it.
1.2.5. There may possibly be access limitations in the areas identified as being covered, due to the intrinsic characteristics of wireless access technology, namely obstruction by obstacles and fading by multipath.
1.2.6. The estimates of maximum Download (DL) and Upload (UL) speeds for mobile Internet access, are as indicated in the CST.
1.2.7. For the purposes of the preceding paragraph: Estimated maximum speed, the maximum speed realistically achievable by the Customer at different locations and under typical usage conditions.
1.2.8. The speeds associated to each tariff are conditioned by several factors, namely those indicated in number 1.1.11. of these conditions. The provisions of numbers 1.1.12 to 1.1.15 also apply to the Broadband Mobile Internet Access Service.
1.2.9. The exercise of the right of the Customer to access and distribute information and content and to use and provide applications and services, or to use terminal equipment of their choice, through their internet access service, regardless of their location or the location, origin or destination of the information, content, application or service, shall not be prevented in the event of the deviations provided for in Article 4(4) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015.However, in such cases, it may be temporarily restricted, with the exception of the right to use terminal equipment of one's choice (which shall remain unaffected in any event).
1.2.10. In the event of a discrepancy provided for in Article 4(4) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015, the Customer may, without prejudice to the mechanisms provided for in Clause 19.o of the Conditions, complain to NOS, specifying and justifying the terms of the complaint, which may be presented at Apartado 52111, EC Campo Grande, 1721-501 Lisbon, through the customer support service 931 699 000 or 16990, or any other that may replace it, or at a NOS store.
1.2.11. The provisions of clauses 1.1.9. to 1.1.14. above apply to the data roaming service.
1.2.12. The Customer may at any time and free of charge subscribe to local data roaming services provided directly on a visited network by an alternative provider, and to this end must comply with the procedures defined by the alternative operator.
For the purposes of the Conditions, the Commercial Availability or Activation of the Service occurs and designates:
2.1. IN THE MTS
2.1.1. Post-paid service, the moment when NOS confirms to the Client the acceptance of the Form for the provision of the Service, duly filled out and signed by the Client.
2.1.2. Prepaid Service, the moment of activation of the Service by the Client.
2.2. IN MOBILE INTERNET ACCESS SERVICE
2.2.1. The moment when NOS confirms to the Customer the acceptance of the Form that he/she has subscribed for the provision of the Service.
2.2.2. The Commercial Activation is subject to the suspensive condition corresponding to the cumulative verification of the following situations:
a) Receipt of the Form, completely and correctly filled out;
b) Installation, on a computer with USB port or wireless technology, of the specific software provided for this purpose by NOS;
c) Access to the online activation page.
For the purposes set out in clause 4.1 of the Conditions, the Contract in respect of each Service has a minimum initial term indicated in the Form and the CST and will automatically renew for periods of one (1) month unless terminated by either party by notice in writing to the other at least one (1) month prior to the date of expiry of the initial term of the Contract or any of its renewals. Clause 4.2 of the Conditions shall apply.
3.1. MTS SERVICE
3.1.1. If the Customer does not punctually comply with the Contract, NOS may, by simple written communication, made within 10 (ten) days after the invoice is due, indicate the consequences of non-payment, namely the suspension of the Service for a period of 30 (thirty) days and the automatic termination of the Contract if the non- compliance continues after that period, and the means available to the Customer to avoid them.
3.1.2. In the event of suspension and termination of the Contract as set forth in the previous number, NOS may demand the payment of charges for the early termination of the Contract during the commitment period, under the terms indicated in the Conditions and calculated in accordance with the ELECTRONIC COMMUNICATIONS LAW. The termination of the Contract shall not have retroactive effects, and therefore it shall not prejudice NOS' right to receive the amounts due for the provision of the services up to the moment the termination takes effect. However, this does not affect the right of NOS to demand compensation for the exceeding damage.
3.1.3. The provision of services will be reactivated and the requirement to pay the charges will become void if the Client makes payments of the amounts initially in arrears within 30 (thirty) days granted for this purpose under 3.1.1.
3.1.4. If the payment of the amounts initially in arrears is not made within the period established in the previous number, the delay will become a definitive breach and the Contract will be automatically terminated, without prejudice to NOS' right to the amounts mentioned in number 3.1.2.
3.1.5. To the amounts calculated under this clause shall be added, as compensation for failure to comply with the obligation of timely payment, the costs incurred by NOS under the process of extrajudicial or judicial collection.
3.1.6. The Customer may obtain up-to- date information regarding the commitment period that has elapsed and the amount payable in the event of early termination of the Contract on Customer own initiative through the monthly invoice, if applicable, or the customer support service 931 699 000 or 16990.
3.1.7. During the commitment period, for the termination of the contract and for the unblocking request of the equipment, NOS will charge the customer a fee calculated under the terms foreseen in the ELECTRONIC COMMUNICATIONS LAW and in DL 56/2010, of 01 June.
3.2. MOBILE INTERNET ACCESS SERVICE
3.2.1. The set of special conditions granted by NOS to the Customer under this Contract, namely those related to the transfer of equipment and to the agreed tariff (fixed monthly part ("Monthly Fee") and variable part), presupposes that the Customer punctually complies with the Contract for the period established in the Form.
3.2.2. If the Customer does not punctually comply with the Contract, NOS may, by simple written communication, made within 10 (ten) days after the invoice is due, indicate the consequences of non-payment, namely the suspension of the Service for a period of 30 (thirty) days and the automatic termination of the Contract if the non- compliance continues after that period, and the means available to the Customer to avoid them.
3.2.3. In the event of suspension and termination of the Contract as set forth in the previous number, NOS may demand the payment of charges for the early termination of the Contract during the commitment period, under the terms indicated in the Conditions and calculated in accordance with the ECL. The termination of the Contract shall not have retroactive effects, and therefore it shall not prejudice NOS' right to receive the amounts due for the provision of the services up to the moment the termination takes effect. However, this does not affect the right of NOS to demand compensation for the exceeding damage.
3.2.4. The provision of services will be reactivated and the requirement of payment of the charges by early termination of the Contract during the commitment period will be without effect if the Customer makes the payments of the amounts initially in arrears within the thirty (30) days granted for this purpose under paragraph 3.2.2 above.
3.2.5. If the payment of the amounts initially in arrears is not made within the period established in section 3.2.2. above, the delay will become a definitive breach and the Contract will be automatically terminated, without prejudice to NOS' right to the amounts mentioned in section 3.2.3. above.
3.2.6. To all amounts calculated under the terms indicated in this clause is added the amount provided in the tariff as administrative expenses for each invoice not paid within the corresponding period, according to the tariffs in force at each moment.
3.2.7. The Customer may obtain up-to-date information regarding the commitment period that has elapsed and the amount payable in the event of early termination of the Contract on Customer own initiative through the monthly invoice, if applicable, or the customer support service 931 699 000 or 16990.
3.3
3.3.1. The contract termination request for the end of commitment period in force must contain the Customer's identification details, the Service(s) or Contract(s) to be terminated, and the request must be signed by the Customer, in accordance with the identification document, a copy of which must be attached, or by a representative with powers for this purpose, in which case, in addition to the identification document, proof of powers of representation must be provided. In the case of signature recognition under the legally admissible terms or in the case of submission of the complaint request through the Client's reserved area accessible at www.nos.pt, it is not necessary to attach a copy of the identification documents.
3.3.2. The contract termination request, which meets the requirements identified in the previous number, may be communicated by the Customer to NOS by post, sent to Apartado 52111, EC Campo Grande, 1721-501 Lisbon, at a NOS store, through Customer Area, or by any other means that may be created for this purpose. The Customer may find more information on the forms of termination of the Contract at https:// www.nos.pt/.
3.3.3. Upon receipt of termination request under the terms set forth in this clause, NOS will confirm to the Customer its receipt, within five (5) working days, by one of the means indicated in clause 17. of the Conditions.
3.3.4. If the contract termination request does not comply with the provisions of this clause, namely because the necessary information or documentation is missing, NOS shall communicate such fact to the Customer within 3 (three) working days after receiving the request, by one of the means indicated in clause 17. of the Conditions, and the Customer shall send the missing information or documentation within 30 (thirty) working days, after which, if the Customer has not complied, the request shall be considered as having expired.
3.4. To the request for early termination of the Contract during the commitment period, by initiative of the Customer, the provisions of paragraphs 3.3.1 and 3.3.2 of this clause shall apply.
3.4.1. Once received by NOS, the request for termination of the Contract in accordance with the provisions of number 3.3.2. of this clause, NOS, within 3 (three) working days, will confirm its receipt or request the sending of missing information or documentation, by one of the means indicated in clause 17. of the Conditions.
3.4.2. The termination of the Contract during the commitment period, by initiative of the Customer, implies the payment to NOS of the amounts indicated in the terms of this Contract, namely those provided for in sections 3.2.1. and 3.2.2 of this clause.
3.5. The provisions of paragraph 3.4 do not apply to statements of denunciation in the context of portability requests.
4.1. MTS SERVICE
4.1.1. The possibility of using the MTS Service depends on the Customer having a SIM card and equipment whose compatibility with the Service has been confirmed by NOS or by a supplier, agent or distributor duly appointed or authorized by NOS or that meets the essential requirements to be connected to NOS' network and as such is marked by the manufacturer under the provisions of the applicable legislation.
4.1.2. In case of loss, misplacement, theft or robbery of the equipment, of any of its components or of the card, the Customer must immediately communicate that fact to NOS so that NOS can deactivate the Service. The costs of any services used until NOS is informed will be fully borne by the customer.
4.1.3. NOS may request the Customer to access the equipment to verify the requirements mentioned in these Specific Conditions or to prove the origin of disturbances in the provision of the Service or in the reception of other radio communications, for the purposes set out in clause 12.2. of the Conditions.
4.1.4. The Customer may not, even if only attempted, attack the network or systems of NOS or third parties, or unlawfully use resources from third party systems, even if no damage is caused, by any means including, but not limited to, phishing, smishing, vishing, spoofing, spam, mail bombing, hacking, obtaining root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other types of activities that may cause damage to NOS or third parties.
4.1.5. The Service is intended to be used exclusively by the Customer and, where applicable, by the respective users, being expressly forbidden, namely, its use in M2M solutions, as a PBX, as a GSM network interface, the use of the line for making continuous calls (such as, for example, the "walky talkie"), the provision to any third party, whether for consideration or free of charge, of the minutes, SMS and MMS included in the subscribed tariff, the sharing of the line, paid or free of charge, with any third party, and the use of SMS or MMS included in the subscribed tariff for commercial and/or advertising purposes, namely for direct marketing actions, telemarketing (such as, for example, telesales, polls or telephone prospecting), advertising campaigns and for mass contact with any third party.
4.2. MOBILE BROADBAND INTERNET ACCESS SERVICE
4.2.1. Notwithstanding the provisions of other clauses, in order for the Customer to use the Service he/she must comply with the following conditions:
a) have the necessary technical elements, namely a computer with USB port or wireless technology, computer programs and a modem that allows access to the Internet through NOS' mobile network, and all these elements must comply with the technical specifications defined at each moment by NOS for this purpose, and these specifications may be changed due to the evolution of the market or the technology supporting the Service, without NOS being held responsible for the fact;
b) for broadband Internet access, the Customer may also be in an area with NOS coverage, according to the information made available by the customer support services, 931 699 000 or 16990, or at the Service' address, www.nos.pt or any other that may replace it.
4.2.2. The Service may only be accessed and used with the SIM card provided by NOS. Attempting to access and use the Service without such card will constitute a violation of these Conditions.
4.2.3. NOS does not control the content hosted and/or transmitted over the Internet, and therefore assumes no responsibility for such content, even if they infringe on the Client's rights, and is also not responsible for any damages that the Client may suffer as a result of using the Internet, including those resulting from loss of data or its loss, viruses, or incorrect configuration of equipment and/or computer programs, unless such liability arises from the application of mandatory legal provisions.
4.2.4. The Customer assumes responsibility for the use of the Service, undertaking to compensate NOS for damages resulting from improper use of the Service, also assuming all expenses or charges that NOS may have to bear because of such use.
4.2.5. NOS reserves the right to remove or block access to any content made available by the Customer that is clearly illicit or in relation to which there is reasonable suspicion of illegality, namely when such removal or blocking is requested by third parties on the grounds that it is illicit.
4.2.6. The Client may not, even if merely attempted to, act illicitly through the Service, and notably may not attack or illicitly access the network or systems of NOS or of third parties, nor illicitly use resources of third party systems, even if no damage is caused, by means that include, but are not limited to, phishing, smishing, vishing, spoofing, spam, mail bombing, hacking, obtaining root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other types of activities that may cause damage to NOS or third parties.
For the purposes of the provisions of clauses 8.2 and 8.4 of the Conditions, NOS will ensure the following levels of quality service:
a) maximum time for the initial activation of the Service: 48 hours from the date of Commercial Availability of the Service as defined in these Specific Conditions;
b) in the case of faults under the responsibility of NOS that cause interruptions in the provision of the Service, NOS will restore the Service within 48 working hours from the moment NOS takes notice of the fault, except to the extent that it is technically impossible.
The Customer can obtain up-to-date information on the tariffs in effect at any given time at www.nos.pt or through the customer support service(s).
Value-added services based on sending messages including SMS or MMS, as well as national audiotext services that may be supported on the Service or its network are generally barred free of charge, except to the extent that they are activated generically or selectively upon written request by the Customer; televoice audiotext services are excluded from the provisions of the initial part of this clause.
8.1. If the Customer wishes to port the number from another operator to NOS, under the rules on portability set forth in the ELECTRONIC COMMUNICATIONS LAW and in the Portability Regulation, the Customer must submit a request to that effect, and the Customer is responsible for any associated costs.
8.2. If the Customer has a prepaid service, the data provided as part of the portability process may be made available to the originating operator.
8.3. In cases of numbering portability that depends on physical intervention in the network that supports the service to be provided, NOS ensures the effective transfer of the numbering as soon as possible; in cases where portability does not depend on physical intervention in the network, NOS ensures its effectiveness as established in the porting request and statement of termination.
8.4. Notwithstanding the provisions of the previous number, in case of failure to meet the deadline set for the effectiveness of portability, the Customer is entitled to compensation in the amount of €2.5 per number for each full day of delay.
8.5. In case of interruption of the service provided through the numbering for which portability was requested, after the portability request, the Customer is entitled to compensation in the amount of €20 per number, per day of interruption, up to a maximum of €5.000 per portability request.
8.6. After porting, the Customer will no longer be able to make calls with the initial card, and in the case of prepaid cards, NOS will refund, at the Customer's request, the remaining credit for the ported number.
8.7. NOS makes available to end users, on express request and free of charge, a free warning on the origination of national calls between mobile telephone service networks destined for ported numbers, in the event of tariffs that may involve a cost higher than before porting. End users may request activation and deactivation of the warning free of charge, using the free number provided by NOS for this purpose.
To the Contract where these are inserted General and Specific Conditions, documents may be attached, which, once previously accepted by NOS, will become an integral part of it. The provisions contained in the attachments will prevail over the other conditions of the Contract.
Special terms and conditions of sale for fixed internet service
For the purposes of the General Conditions ("Conditions"), and in particular clause 1.1, the Service shall correspond to fixed Internet access service.
2.1. Notwithstanding the provisions of other clauses, for you to use the Service you must comply with the following conditions:
a) have the necessary technical elements, namely a modem or router that allows access to the Internet through NOS' distribution network, or the mobile network, a computer with ethernet port, or wi-fi, computer programs and all these elements must comply with the technical specifications defined at each moment by NOS for this purpose, and these specifications may be changed due to the evolution of the market or the technology that supports the Service, without NOS being held responsible for it;
b) for fixed Internet access, you must also be in an area with internet connection or with NOS distribution network, depending on whether you access the contracted service through a mobile or fixed network, according to the information provided by the customer support services 931 699 000 or 16990, www.nos.pt or any other that
2.2. If the Service is provided via wireless, it can only be accessed and used with the SIM card provided by NOS. Attempting to access and use the Service without such card will constitute a breach of this Agreement.
2.3. The Customer's violation of the conditions of access and use of the Service constitutes grounds for suspension or termination of access to the Service, as provided in clause 12. of the Conditions.
2.4. Whenever the equipment for access to the Service is assigned to the Client by NOS, the equipment property shall remain with NOS and, during the Contract, must be under the responsibility o f the Client for access to the Service, notwithstanding NOS reserving the right to disconnect or remove them from service in case of misuse or abuse.
2.5. The equipment provided by NOS may be configured by NOS in order to ensure the security and reliability of the Service, as well as its exclusive use to access the Service.
2.6. After the Contract termination, and regardless the reason, the Client is obliged to return the equipment to NOS within 10 (ten) days. If the equipment is not returned under the terms and conditions indicated by NOS, the Client must compensate NOS for the replacement value of the equipment, without prejudice to the obligation to return the equipment.
3.1. The Service allows generic access to the Internet, as well as access to any complementary services that may be supported on it.
3.2. The Service quality is guaranteed when it is used with duly licensed equipment and operating systems and, when applicable, with the technical specifications and configurations recommended by NOS. NOS assumes no responsability regarding difficulties occurring with equipment, specifications or configurations other than those recommended by NOS, or with the use of unlicensed equipment and operating systems.
3.3. In the event the Service is provided by wireless technology, Customer acknowledges and accepts that there are potential internet limitations inside buildings that are inherent to this technology and accepts that, as a result of these limitations, NOS cannot guarantee operation of the Service in 100% of potential usage locations.
3.4. Information on the internet Service's zones, details of the features, tariffs and technical specifications of the Service and the elements required to access it, namely those referred to in line b) of clause 3.1, are published on the Internet at www.nos.pt or any other address that may replace it, and information may also be obtained by contacting the Customer Service Department at 931 699 000 or 16990.
3.5. In cases where the Service is provided by wireless technology there may be access limitations in some areas, due to the intrinsic characteristics of this technology, namely obstruction by obstacles and multipath fading.
3.6. NOS may define and apply, if necessary, traffic management measures in order to ensure efficient use of network resources and overall improvement in transmission quality.
3.7. NOS may also, if necessary, apply more severe traffic management measures when this results from the need to implement judicial orders, instructions from administrative authorities or to comply with legislation, to preserve network integrity and security, to prevent imminent network congestion and mitigate the effects of exceptional or temporary congestion.
3.8. The application of the traffic management measures referred to above may temporarily reduce the data transfer speeds that have been announced, in all or some categories of traffic, as it is more appropriate to minimize the impact of these measures on the quality of service of Internet access, namely, in the use of content, applications and services, being safeguarded the rights of users relating to privacy and protection of personal data.
3.9. NOS may offer Internet access services optimized for specific content, applications or services, or a combination thereof, if the optimization is necessary to fulfill the requirements of the content, applications or services for a specific level of quality. The Customer acknowledges and accepts that by contracting specialized services, the ability to achieve the advertised speed will be affected in situations of possible network congestion or to the extent that it is necessary to ensure the quality o f transmission at each moment.
3.10. The maximum, normally available, and minimum speeds on fiber technologies are as indicated in the Contract Summary Template (CST).
3.10.1 For the purposes of the preceding paragraph: (i) Maximum Speed: the maximum value of the data transmission speed that an end user can expect at least once a day, obtained under optimal conditions of use, taking into account the specific conditions of use or measurement of the contracted Service, identified in these conditions; (ii) Normally available speed: the value of the data transmission speed that the user can be expected to reach, 95% of the time, in each period of 24 hours, when using the Service, technically measured in the specific conditions of use and measurement of the Service according to what is described in these conditions. The value of the normally available speed is equal to the value of the maximum speed at the address installation of the Service at the Customer and the NOS central office; (iii) Minimum speed: the minimum value of the available data transmission speed to the user, except in situations of interruption of the Service or exceptional and occasional network congestion.
3.10.2 The speeds associated to each Tariff are conditioned by several factors, namely (i) the physical infrastructure characteristics between the Customer's equipment and the router (ii) the Customer's local network activity at each moment (iii) the processing capacity of the access equipment used by the Customer, including the characteristics of the equipment itself, the software and the applications running simultaneously (iv) the interconnection to disperse servers on the Internet, namely the level of use of concurrent traffic on servers as well as the conditions of the operator's network.
3.11. The estimates of maximum speeds in mobile fixed-site access technologies are as given in the Contract Summary Template (CST).
3.11.1. For the purposes of the previous number, an estimate of the maximum speed is understood as the maximum speed realistically achievable by the Customer at different locations and under typical usage conditions.
3.11.2. The speeds associated with each Tariff are conditioned by several factors, namely (i) the number of simultaneous users in the area covered by the cell to which the customer is connected (ii) the technologies and speeds supported by the terminal equipment used (iii) the activity and intensity of traffic carried in the cell coverage area (iv) network connection in the zone or location (v) use inside buildings or indoor areas (vi) simultaneous use of other applications (vii) the operating system and configurations of terminal equipment to access the Service (viii) the characteristics of the servers used and the capacity of the networks that connect these servers to the internet (ix) other factors beyond the control of NOS, namely weather conditions.
3.12. The exercise of the right of the Customer to access and distribute information and content and to use and provide applications and services or to use terminal equipment of their choice, through their internet access service, regardless of their location or the location, origin or destination of the information, content, application or service, shall not be denied in the event of the deviations provided for in Article 4(4) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015.However, in such cases, it may be temporarily restricted, with the exception of the right to use terminal equipment of one's choice (which shall not be affected in any event).
3.13. If the discrepancy foreseen in Article 4(4) of Regulation (EU) 2015/2120 of the European Parliament and of the Council, of 25 November 2015, the Customer may, without prejudice to the mechanisms provided for in Clause 19.o of the Conditions, complain to NOS, specifying and justifying the terms of the complaint, which may be presented at Apartado 52111, EC Campo Grande, 1721-501 Lisbon, through the customer support service 931 699 000 or 16990, or any other that may replace it, or at a NOS store.
3.14. Unless otherwise established in the conditions for the Service in question, the Customer may only request to downgrade or upgrade Internet Services once a month.
3.15. Internet traffic utilization will be billed according to the price applicable to the active Service on the date when the internet use was made, so that the upgrade to a Service with higher traffic limits does not relieve the Customer from paying for the additional use made under the active Service before the upgrade.
3.16. Notwithstanding the provisions of the previous paragraph, the Customer acknowledges and accepts that the upgrade or downgrade of an Internet Service may be associated with the debit of an additional amount defined in the Tariff and/or a new commitment period, depending on the contracted Service.
4.1. NOS does not control the content hosted and/or transmitted over the Internet, and therefore does not assume any responsibility for that content, even if it infringes upon the Client's rights. NOS is also not responsible for any damages that may occur to the Client by using the Internet, including those resulting from loss of data or its loss, viruses or incorrect configuration of equipment and/or computer programs, except when such responsibility results from the application of mandatory legal provisions.
4.2. The Customer assumes responsibility for the use of the Service, undertaking to compensate NOS for damages resulting from improper use of the Service, also assuming all expenses or charges that NOS may have to bear because of such use.
4.3. NOS reserves the right to remove or block access to any content made available by the Customer that is clearly illicit or in relation to which there is reasonable suspicion of illegality, namely when such removal or blocking is requested by third parties on the grounds that it is illicit.
4.4. The Customer may not, even if only attempted, act illicitly through the Service, and in particular may not attack or illicitly access the network or systems of NOS or third parties, or illicitly use resources from third party systems, even if it does not cause any damage, by means that include, but are not limited to phishing, smishing, vishing, spoofing, spam, mail bombing, hacking, obtaining root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other types of activities that may cause damage to NOS or third parties, and access to the Service must be carried out in accordance with the provisions of the Fair Use Policy and Acceptable Use Policy, available at www.nos.pt .
5.1. For the purposes set out in clause 4.1 of the Conditions, the Contract in respect of each Service has a minimum subscription period indicated in the Form and the CST and will automatically renew for periods of one (1) month unless terminated by either party by notice in writing to the other at least one (1) month prior to the date of expiry of the initial term of the Contract or any of its renewals. Clause 4.2 of the Conditionsshall applymutatismutandis.
5.2. When applicable, the set of special conditions granted by NOS to the Customer under this Contract, namely those related to the transfer of equipment and/or to the agreed tariff (fixed monthly part ("Monthly Fee") and variable part), presuppose that the Customer punctually complies with the Contract for the period established in the Form in the field "Commitment Period".
5.3. If the Customer does not punctually comply with the Contract, NOS may, by simple written communication, made within 10 (ten) days after the invoice is due, indicate the consequences of non-payment, namely the suspension of the Service for a period of 30 (thirty) days and the automatic termination of the Contract if the non- compliance continues after that period, and the means available to the Customer to avoid them.
5.4. In the event of suspension and termination of the Contract as set forth in the previous number, NOS may demand the payment of charges for the early termination of the Contract during the commitment period, under the terms indicated in the Conditions and calculated in accordance with the ECL. The termination of the Contract shall not have retroactive effects, and therefore it shall not prejudice NOS' right to receive the amounts due for the provision of the services up to the moment the termination takes effect. However, this does not prevent NOS from demanding compensation for the exceeding damage.
5.5 The services will be reactivated and the requirement of payment of the charges will be waived effect if the Costumer pay the amounts in debt within the period of thirty (30) days granted for this purpose under paragraph 5.3 of this clause.
5.6. If the payment of the amounts in debt is not made within the period established in the previous number, the delay will become a definitive breach and the Contract will be automatically terminated, without prejudice to NOS' right to the amounts mentioned in number 6.4. above.
5.7. To the amounts calculated under this clause shall be added, as compensation for failure to comply with the obligation of timely payment, the costs incurred by NOS under the process of extrajudicial or judicial collection.
5.8. The Customer may obtain up-to-date information regarding the commitment period that has elapsed and the amount payable in the event of early termination of the Contract on his own initiative through the monthly invoice, if applicable, or the Customer support service 931 699 000 or 16990.
5.9. The contractual termination request for the end of the commitment period in force, referred to in the previous number, must contain the Customer's identification details, the Service(s) or Contract(s) it intends to terminate, and the request must be signed by the Customer, in accordance with the identification document, a copy of which must be attached, or by a representative with powers for this purpose, in which case, in addition to the identification document, proof of powers of representation must be provided. In the event of signature recognition under the legally admissible terms or in the event of submission of the complaint request through the Client's reserved area accessible via the website www.nos.pt, it is not necessary to attach a copy of the identification documents.
5.9.1. The contract termination request, which fulfills the requirements identified in the previous number, may be communicated by the Customer to NOS by post, sent to Apartado 52111, EC Campo Grande, 1721-501 Lisbon at a NOS store, through its Customer Area, or by any other means that may be created for that purpose. The Customer may find more information on the ways to terminate the Contract at https://www.nos.pt.
5.9.2. Upon receipt of the contract termination request under the terms set forth in this clause, NOS will confirm to the Customer its receipt, within five (5) working days, by one of the means indicated in clause 17. of the Conditions.
5.9.3. If the request to terminate the contract does not comply with the provisions of this clause, namely because the necessary information or documentation is missing, NOS shall communicate such fact to the Client, within 3 (three) working days after receiving the request, by one of the means indicated in clause 17. of the Conditions, and the Client shall send the missing information or documentation within 30 (thirty) working days, after which, if the Client has not complied, the request shall be considered as having expired.
5.9.4. The contract termination request accepted by NOS under number 5.9.2. or number. 5.9.3. shall become effective at the end of the notice period indicated in number 1 of this clause, being the Customer responsible for the payment during that period of the amounts associated with the Service and the assigned equipment, without prejudice to the Customer's obligation to return the equipment owned by NOS, under the terms set forth in the Contract.
5.10. The provisions of paragraphs 5.9 and 5.9.1 of this clause shall apply, mutatis mutandis, to the request for termination of the Agreement at the initiative of the Customer.
5.11. Once received by NOS the request for termination of the Contract, according to the provisions in number 5.9.1. of this clause, NOS, within 3 (three) working days, will confirm its receipt or request the sending of missing information or documentation, by one of the means indicated in clause 17. of the Conditions.
5.12. The termination of the Contract during the commitment period, by initiative of the Customer, implies the payment to NOS of the amounts indicated in the terms of this Contract, namely in number 5.4. of this clause.
6.1. For the purposes of the provisions of clauses 8.2 and 8.4 of the General Conditions, NOS ensures the following levels of quality of service:
a) maximum time for the initial activation of the Service: 48 (forty-eight) hours, as of the date of the Commercial Availability of the Service, as defined in clause 2. above;
b) in the case of faults under the responsibility of NOS that cause interruptions in the provision of the Service, NOS will restore the Service within 48 working hours from the moment NOS learns of the fault, except to the extent that it is technically impossible.
Special terms and conditions of sale for fixed telephone service
For the purposes of the General Conditions ("Conditions"), namely clause 1.1, the Service is a voice communications service accessible exclusively at the address indicated by the customer, through a compatible terminal and after allocation of a geographic phone number in accordance with that defined in the National Numbering Plan. The Service can be provided through NOS' distribution network, using voice over IP technology or, alternatively, using wireless technology, being that in the latter case mobile frequencies and technologies are used, with the inherent eventual Indoor access limitations (eventual difficulties in capturing the network signal arising from outdoor coverage, equivalent to those experienced in networks for the provision of mobile phone service, namely in basement areas or underground garages or arising from the characteristics of buildings and occasional difficulties of access to the Service at certain times or areas of peak traffic), allowing the Customer to make and receive national and international calls, access the additional services and facilities described in the product description leaflets that have been delivered to the Customer at the time of subscription, for the type of Service that has been subscribed to, as well as the additional services and facilities to which the Customer has subscribed in the Formulário de Adesão ("Form") or that are described in the Contract Summary Template ("CST"), or, subsequently, under clause 2.5. of the Conditions and, furthermore, access emergency numbers, with the emergency services accessing geographic location information in the case of calls made to the emergency number 112.
2.1. The Contract subscription will be subject to an initial minimum period coinciding with the commitment period indicated in the Form or the CST and whose existence in the case of the consumer Customer and, if applicable, to micro- enterprises small-enterprises or non-for- profit organizations, depends on the attribution of any consideration, duly identified and quantified, associated to the subsidization of terminal equipment, to the installation of the service, when applicable, to the activation of the service or to other promotional conditions. After the commitment period indicated in the Form or the CST, the Contract will be automatically renewed for successive periods of 1 (one) month when not terminated by either party, by simple written notice to the other, with a minimum notice of 1 (one) month in relation to the date of expiry of the initial period of the Contract or any of its renewals.
2.2. If the Customer does not punctually comply the Contract, NOS may, by simple written communication, made within 10 (ten) days after the invoice is due, indicate the consequences of non-payment, namely suspension of the Service for a period of 30 (thirty) days and automatic termination of the Contract if non-compliance continues after that period, and the means available to the Customer to avoid them.
2.3. In the event of suspension and termination of the Contract as set forth in the previous number, NOS may demand the payment of charges for the early termination of the Contract during the commitment period, under the terms indicated in the Conditions and calculated in accordance with the ECL. The termination of the Contract shall not have retroactive effects, and therefore it shall not prejudice NOS' right to receive the amounts due for the provision of the services up to the moment the termination takes effect. However, this does not prevent NOS from demanding compensation for the exceeding damage.
2.4. The services will be reactivated and the requirement to pay the amount indicated in the preceding paragraph will become void if the Client pays the amounts in debt within the thirty (30) days granted for this purpose under paragraph 3.1 of this clause.
2.5. If the payment of the amounts in debt is not made within the period established in the previous number, the delay will become a definitive breach and the Contract will be automatically terminated, without prejudice to NOS' right to the amounts mentioned in number 3.2. above.
2.6. To the amounts calculated under this clause shall be added, as compensation for failure to comply with the obligation of timely payment, the costs incurred by NOS under the process of extrajudicial or judicial collection.
2.7. The Customer may obtain up-to-date information regarding the commitment period that has elapsed and the amount payable in the event of early termination of the Contract on his own initiative through the monthly invoice, if applicable, or the Customer support service 931 699 000 or 16990.
2.8. During the commitment period, for the termination of the contract and for the equipment unblocking request, NOS will charge the customer a fee calculated under the terms foreseen in the ECL and in DL 56/2010, of 01 June.
2.9. The contract termination request for the end of the commitment period in force, referred to in the previous paragraph, should contain the Customer's identification details, the Service(s) or Contract(s) you want to terminate, and the request must be signed by the Customer, according to the identification document a copy of which should be attached, or by a representative with powers to that effect, in which case, in addition to the document identification documents, proof of powers of representation must be provided. In the event of signature recognition under the legally admitted terms or in the case of submission of the complaint request through the Client's reserved area accessible at www.nos. pt, it is not necessary to attach a copy of the identification documents.
2.9.1. The contract termination request, which meets the requirements identified in the previous number, may be communicated by the Customer to NOS by post, sent to Apartado 52111, EC Campo Grande, 1721-501 Lisbon, at a NOS store, through its Customer Area, or by any other means that may be created for this purpose. The Customer may find more information on the forms of termination of the Contract at https:// www.nos.pt.
2.9.2. Upon receipt of the contract termination request under the terms set forth in this clause, NOS will confirm to the Customer its receipt, within five (5) working days, by one of the means indicated in clause 17. of the Conditions.
2.9.3. If the contract termination request is not in accordance with the provisions of this clause, namely because the necessary information or documentation is missing, NOS shall communicate such fact to the Client, within 3 (three) working days after receiving the request, by one of the means indicated in clause 17. of the Conditions, and the Client must send the missing information or documentation within 30 (thirty) working days, after which, if the Client has not complied with the request, it will be considered as having expired.
2.9.4. The contractual termination request accepted by NOS under the terms of paragraphs 2.9.2. or 2.9.3. will become effective at the end of the notice period indicated in clause 2.1. and the Customer remains responsible for the payment during that period of the amounts associated with the Service and the assigned equipment, without prejudice to the Customer's obligation to return the equipment owned by NOS under the terms provided in the Contract.
2.9.5. The provisions of paragraphs 2.9 and 2.9.1 of this clause shall apply, mutatis mutandis, to the Client's request for termination of the Agreement.
2.10. Once received by NOS the request for termination of the Contract in accordance with the provisions of number 2.9.1. of this clause, NOS, within 3 (three) working days, will confirm its receipt or request the sending of missing information or documentation, by one of the means indicated in clause 17. of the Conditions.
2.11. The termination of the Contract during the commitment period, by initiative of the Customer, implies the payment to NOS of the amounts indicated in terms of the present Contract, namely those foreseen in number 2.3 of the present clause.
2.12. The provisions of subsection 2.9.5 do not apply to term requests related to portability.
The possibility of the Service can be provided depends on:
a) correct identification of the Customer and the telephone address;
b) Non-existence of connections on the RITA/ITED network, at the installation address indicated by the Customer, to public switched telephone networks used by other operators for the provision of voice services when these connections are likely to interfere with the quality of the Voice Services provided by NOS;
c) the Customer has terminal equipment whose compatibility with the Service has been confirmed by NOS or by a supplier, agent or distributor, duly appointed or authorized by NOS;
d) the telephone address of the Service and the corresponding use be within a NOS coverage area as such indicated by customer support services or at www.nos.pt, whose address appears in the promotional and informational materials.
3.1. The use of the Service determines that the Customer is in his zone of residence associated with the respective geographic numbering.
3.2. Whenever the terminal equipment referred to in paragraph c) of this clause is assigned to the Customer by NOS, the equipment property shall remain with NOS and, during the Contract, must be under the responsibility of the Customer for access to the Service, notwithstanding NOS reserves the right to disconnect it or remove it from service in case of misuse or abuse.
3.3. The equipment provided by NOS may be configured by NOS in order to ensure the security and reliability of the Service, as well as its exclusive use to access the Service.
3.4. After the termination of the Contract and regardless of the reason, the Client is obliged to return to NOS the equipment owned by this operator, within 10 (ten) days. If the equipment is not returned under the terms and conditions indicated by NOS, the Client must compensate NOS for the replacement value of the equipment in question, without prejudice to the obligation to return the equipment.
4.1. For the purposes of the provisions of clauses 8.2. and 8.4. of the Conditions, NOS will ensure the following levels of service quality:
a) Maximum time for initial activation of the service: 48 hours, from the date of Commercial Availability as defined in clause 2. above;
b) in the case of faults under the responsibility of NOS that cause interruptions in the provision of the Service, NOS will restore the Service within 48 working hours from the moment NOS learns of the fault, except to the extent that it is technically impossible.
4.2. Notwithstanding the provisions of paragraph b) of the previous number, the Client acknowledges and accepts that the fixed telephone networks and mobile networks are public electronic communications networks that can be used by several users and, as such, are subject to computer and traffic overloads, whereby NOS cannot guarantee the use of the Voice Services supported by GSM technology without interruptions, loss of information or delays, and NOS cannot guarantee the quality of the GSM network interconnection to the fixed telephone networks or to the national mobile networks.
The Customer may information on the tariffs in effect at any given moment at www.nos.pt or through customer support number 931 699 000 or 16990.
Detailed information on the Service's network zones is available at www.nos.pt or by calling customer service 931 699 000 or 16990.
NOS guarantees that the national audio text services eventually supported in the Service or in its network are, as a rule, barred without any charges, except to the extent that they are activated, generically or selectively, after written request by the Customer to that effect; excluded from the provisions of the initial part of this clause are the televoice audio text services as well as the international audio text services.
8.1. If you wish to port your number from another operator to NOS, under the rules on portability set forth in the ECL and in the Portability Regulation, you must submit a request to that effect, and you’re responsible for any associated costs.
8.2. In cases of numbering portability that depends on physical intervention in the network that supports the service to be provided, NOS ensures the effective transfer of the numbering as soon as possible;
In cases where portability does not depend on physical intervention in the network, NOS ensures its effectuation as set forth in the portability request and complaint statement.
8.3. Notwithstanding the provisions of the previous number, in case of failure to meet the deadline set for the effectiveness of portability, the Customer is entitled to compensation in the amount of €2.5 per number for each full day of delay.
8.4. In case of interruption of the service provided through the numbering for which portability was requested, after the portability request, the Customer is entitled to compensation in the amount of 20 per number, per day of interruption, up to a maximum of 5,000 euros per portability request.
(as annexed to Decree-Law 24/2014)
(You should only complete and return this form if you wish to terminate (withdraw from) the contract during the 14 or 30 day free termination period, as the case may be. Please contact Customer Service. For any information on the procedures for filling out and/or address for sending the form).
- To [insert name, geographical address and possibly fax number and e-mail address of the professional]:
- I/ We (*) hereby give notice that I / We (*) withdraw from my/ our (*) purchase contract for the following good/for the provision of the following service (*)
- Requested on (*)/received on (*)
- Name of consumer(s)
- Consumer(s) address(es)
- ID document number
- Taxpayer number
- Bank Identification Number - NIB (the reimbursement of eventual values will be made by bank transfer, to the indicated NIB, or, in the absence of NIB, by check)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Strike out what does not matter
1. Customer Service Lines
931699000: A call to 931 699 000 costs the same as a call to a national mobile network.
16990: from the NOS network, the call to 16990 is free for automatic attendance, sales and technical attendance (between 7 a.m. and 2 a.m.).
The remaining assisted attendance has the cost of a plafond extra call to the NOS network, up to a maximum of €1.5.
If your tariff includes minutes for the NOS network, the cost is $0.20/min up to a maximum of $1.5.
From other networks: €0.51/min. Prices include VAT.
From abroad: Cost of an international call.
2. Specialty Lines
Portability information - 1242: toll-free line
Litigation line - 800 932 900: toll-free line