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.