Specific terms and conditions of the telephone numbering service

Last version dated January 1, 2023

I.- Overview of the service

The service is based on receiving calls associated with an E.164 telephone number (DID) through the use of voice over IP technology and packet switching, which finally allows the establishment of voice and multimedia communications, being supported by an IP type network.

The service is independent and differentiated with respect to the provision of basic telephony service (STB), based on a separate infrastructure and compatible with it, without having a substitutive value with respect to the mentioned service.

II.- Prices

The Client shall pay the price of the service resulting from the application of the rates in force at all times for each type of service.

DIVERSITY may freely modify the rates or the conditions established for the provision of services. Such modifications shall be notified to the CLIENT by any means, by publishing it on the DIVERSITY website, etc.

The current rates shall be increased by the taxes that are legally applicable in each case.

III.- Deposit

DIVERSITY may require the CLIENT, at any time, to provide a security deposit. The security deposit may be provided in cash or through a bank guarantee, at the CLIENT’s choice. The request for the deposit will be made by any means that provides evidence of receipt by the CLIENT, with a minimum notice of fifteen days prior to its establishment.

IV.- Conditions for the provision of the service

The CLIENT must have broadband service and appropriate equipment or terminals. Similarly, the CLIENT may use the service through a computer on which a software specifically provided by DIVERSITY is installed. In case the CLIENT uses the service through a software different from the one indicated in the previous paragraph, DIVERSITY declines any responsibility regarding the effective availability of the service. In any case, the computer equipment of the CLIENT, in which the software for the use of the Voice over IP communication service is finally installed, can never be considered as part of the service. The possibility of using the service for receiving faxes is included. This functionality for non-Spanish numbering to be contracted should be consulted with the DIVERSITY team beforehand.

All data transmission services that use telephone numbering to be provided, such as SMS services, Dataphone, etc., are excluded.

V.- Service Coverage

The effective start-up and hiring of the service is subject to technical availability for such provision. DIVERSITY will confirm to the CLIENT such feasibility before being invoiced for the first time.

VI.- Quality and availability of the service

Due to the fact that the service will be provided over a broadband technology access, the unavailability or malfunction of the service due to various causes will equally affect its proper functioning. In such circumstances, therefore, DIVERSITY cannot guarantee its availability. Similarly, as IP technology is used as the basis for the services provided, in circumstances where the support network of the service becomes saturated, latency situations in establishing communications may occur, as well as a certain decrease in the audio quality of the communications or echo effects.

DIVERSITY cannot guarantee the availability of the service if any faults attributable to the power supply used by the terminals or equipment used for said service are detected.

DIVERSITY warns that all faults attributable to said power supply may sometimes result in a misconfiguration of the terminals and equipment that allow the provision of the service. In such case, the CLIENT must proceed with the reconfiguration of their terminals and equipment used for the service or, alternatively, request an intervention from DIVERSITY with the same objective, which may be billed according to current rates.

VII.- Accessibility

Any numbering classified as Toll Free or free, will never be reachable from outside the country itself.

Additionally, the following countries/prefixes numbers are not accessible from outside the country itself:

• 56-44 (Chile / National)
• 506-4 (Costa Rica / National VOIP)
• 357-77 (Cyprus / National)
• 1-829, 1-849 (Dominican Republic Areas)

The numbers of the following countries may not be accessible from outside the country: Austria, El Salvador, Panama, Russian Federation, Thailand, and Venezuela.

VIII.- Capacity

Spanish numbers do not have a limitation on the number of concurrent incoming channels.

For numbers from other countries, by default they will always have a minimum of 2 simultaneous incoming channels, and you should consult with the DIVERSITY team about the possibility of expanding their capacity.

IX.- Use of the service

The resale or commercialization of the service, in whole or in part, and its benefits to third parties not related to the contract holder is expressly prohibited, unless otherwise expressed in the regulated forms and considered competent.

The CLIENT may choose one or more telephone numbers to use the Service. Spanish telephone numbers are exclusively reserved for users residing in Spain according to supporting documentation.

The numbering cannot be considered as definitively attributed to the CLIENT, and DIVERSITY may be obliged to modify the number as a result of a decision dictated by the CMT in the framework of the numbering plan management. When making outgoing calls, the telephone number acquired or ported by the CLIENT is displayed by default on the recipient’s terminal of the call. The CLIENT has the possibility to prevent their telephone number from being displayed when making outgoing calls.

The CLIENT can choose from their management interface the function they want to add to their telephone numbers.

A number can be used for the following purposes:

• Receiving telephone calls.
• Receiving faxes.
• Answering machine (Voice mailbox): voice messages are converted in this case to the wmv format and transmitted to the CLIENT by email directly to their previously provided email address.
• Calls to DIVERSITY numbers are subject only to the tariff schedule of the operator of the person making the call.

X.- Telephone Portability

The CLIENT may, if they wish, request the portability of their fixed number previously assigned by the historical operator and transferred to a third operator.

At the time of subscribing to DIVERSITY’s IP telephony service with a portability request, the CLIENT authorizes DIVERSITY to carry out all necessary procedures for the portability of their fixed number from their previous operator. This request does not entail the termination of their previous subscription contract with another operator.

The portability request is subject to the judgment of the local loop operator, and DIVERSITY will contact the CLIENT to keep them informed of their portability request.

DIVERSITY cannot guarantee the portability period transmitted by the local loop operator and will not be responsible in case of non-compliance with the deadline announced by the latter.

The numbering to be ported must be free of any service associated with it, meaning that if the number is associated with an ADSL, Fiber, etc. service with a third party, the portability process may affect the availability of said service by the current provider.

Likewise, the portability of ISDN numbers must be done for the entire group. For example, porting a jump number may involve porting the entire group, jump numbers, and headers.

XI.- Security and confidentiality of communications

DIVERSITY will provide the necessary means required by law to ensure the confidentiality of VoIP communications that may be part of the network traffic used. However, DIVERSITY declines all responsibility that may arise from the use of telephone conversations, any action or omission not attributable to DIVERSITY that may violate the secrecy of telecommunications. Likewise, DIVERSITY reminds that telephone conversations cannot be recorded without the consent and prior notice to the affected interlocutor.

XII.- Access to emergency numbers and Roaming

The DIVERSITY VoIP service can be used in a location other than the user’s home, provided that the conditions, obligations, and forms described in these general terms of use are respected. The service allows free access to emergency services such as 112, associated with the user’s home, by directing the call to the corresponding call center. However, due to purely technical reasons, if the user uses the service from a different location than the one indicated, DIVERSITY cannot guarantee correct access to short numbers and the 112 emergency service of the new location.

DIVERSITY recommends that the user always access short numbers, such as emergency numbers, through a basic telephone line or mobile phone.

XIII.- Line identification

The service includes the identification of the line through a number from the geographical ranges assigned to DIVERSITY, or, if requested by the CLIENT, through a geographical number that the CLIENT themselves provide to DIVERSITY. This number identifies the SIP line for the purposes of the presentation of the calling line identification (CLI).

The CLIENT may contract the possibility that outgoing calls from their SIP line are presented to the called users using another telephone number (geographical or promotional) as the line identification (CLI), to the extent authorized by the current regulations, taking into account the respect for security obligations (interception of calls and data retention) and the rights of users. This modification of the presentation of the CLI does not entail any alteration of the type of service contracted according to this document, which is not replaced by the corresponding CLI service.

The CLIENT must demonstrate to DIVERSITY’s satisfaction that the numbers proposed as CLI are under their ownership or that they have sufficient authorization for their use.

DIVERSITY may freely modify or suppress this CLI presentation service if it does not consider the ownership or authorization of use of the number proposed as CLI to be demonstrated, or if it deems it convenient to comply with current regulations, and in such cases any contractual or extra-contractual responsibility of DIVERSITY is excluded.

XIV.- Notifications

The notifications made by the parties must be made by registered mail with acknowledgment of receipt, or any other reliable means agreed upon by the parties, including email, to the postal addresses indicated in the header of this contract.

### XV.- Legal Regime

This contract has a commercial nature, and there will be no employment relationship between the Client and DIVERSITY’s staff who provide the services.

Any dispute arising from this Contract or related to it, including any issue regarding its existence, validity or termination, shall be resolved through ARBITRATION under LAW, administered by the European Arbitration Association of Madrid (AEADE), in accordance with its current Arbitration Rules at the time of the request. The Arbitral Tribunal designated for this purpose shall be composed of a single expert arbitrator, and the language of the arbitration shall be Spanish. The place of arbitration shall be Madrid.