LYCAMOBILE S.R.L. Charter of Services

The Service Charter of Lycamobile Srl, with headquarters in Via di Valle Lupara 10, 00148 Rome, is drawn up on the basis of the guidelines established by the Communications Regulatory Authority with Resolutions no. 179/03/CSP and no. 104/05/CSP.

Lycamobile’s activity is inspired by the principles of:

• (a) Transparency: adoption and verification of compliance with the contractual rules and provisions, making them known and easy to understand for all Customers.
  All Customers have the right to be informed about the services offered by Lycamobile. To this end, Lycamobile undertakes to guarantee the public clear and transparent communication of the conditions of the services offered. To ensure greater transparency and accessibility, information on the products, services offered and procedures to be followed are also published on the website www.lycamobile.it.
• (b) Participation: adoption of tools and procedures to allow Customers to provide suggestions and proposals on how to improve our services and the Service Charter itself.
• (c) Continuity: commitment to a regular, continuous and uninterrupted supply of services, except for the necessary ordinary and extraordinary maintenance interventions, repairs or cases of force majeure and the application of contractual provisions. In such cases, Lycamobile undertakes to guarantee the Customers the least inconvenience and to inform them in advance, when technically possible, of the beginning and end of the situation of interruption or irregular functioning.
• (d) Effectiveness and efficiency: objective of guaranteeing an immediate, qualified and competent response to the Client’s needs, also through the adoption of the most suitable technological and organizational solutions.
• (e) Equality and impartiality: provision of services to customers without discrimination throughout the country. Lycamobile’s behavior towards Customers is inspired by criteria of objectivity, justice and impartiality. Lycamobile guarantees equal treatment of Customers, without discrimination of any kind.
• (f) Courtesy and availability: attention to the needs and requirements of customers. Lycamobile undertakes to treat Customers with respect and courtesy and to assist Customers in exercising their rights and fulfilling their obligations, according to principles of correctness and collaboration.
• (g) Protection of confidentiality and personal data: Lycamobile undertakes to guarantee the confidentiality, protection and security of its Customers’ data, in compliance with the Personal Data Protection Code (Legislative Decree 196/2003) . The Customer has the right to be informed about the purposes and methods of processing their data and to express, where necessary, informed consent.

For any information on Lycamobile services and offers, the Customer can contact the Customer Assistance Service by calling the free number 40322 from Lycamobile SIM or the paid number 0645212322, available every day, from 9 to 18, or consult the website www. lycamobile.it.

The Lycamobile pre-paid and rechargeable SIM card allows, once inserted in a mobile phone, to make and receive phone calls, send and receive text messages.

Telephone number

Upon delivery of the SIM Card, Lycamobile assigns the Customer one or more telephone numbers. Where it is technically possible, Lycamobile keeps the same telephone number even in the event of a SIM card replacement or a change in the telephone plan.

Lycamobile can replace the telephone number assigned to the Customer only for reasons of supervening technical impossibility or by order of the competent Authorities. In this case, Lycamobile will inform the Customer of the new number at least 60 days in advance, except in cases of force majeure.

Number Portability

Number portability, regulated by art. 80 of Legislative Decree 1 August 2003, no. 259 and the relevant regulations, allows Customers who request it to keep their telephone number while changing the service provider manager.

Through this service, customers of any mobile operator can switch to Lycamobile by keeping their phone number and accessing the service provided by Lycamobile. By choosing to port their number to Lycamobile, Customers will therefore be able to make and receive calls, text messages and data with the “ported” number and take advantage of all Lycamobile services and offers at the same economic conditions and in the same manner as all other Customers.

To request the number portability service, the Customer must complete the Lycamobile porting service request form. The Customer is required to pay Lycamobile any fees envisaged for the provision of the number portability service.

Lycamobile remains totally extraneous to the relationships between the Customer and the mobile operator of origin. The provision of the number portability service requires Lycamobile to recognize the Customer for any telephone traffic purchased which may remain for the benefit of the Customer against the operator of origin.

Economic conditions

Information on Lycamobile offers is disseminated through advertising communications, the Customer Assistance Service and the website www.lycamobile.it.

Changes that make the economic conditions of the subscribed offer more onerous will be communicated by Lycamobile at least 30 days in advance. The Customer may withdraw according to the contractually established methods and in any case communicated at the time of notification of the change in the economic conditions and, in any case, without the provision of penalties for withdrawal.

Membership

The Lycamobile SIM Card entitles you to access the Lycamobile mobile network and to use a number which, according to current legislation, is subject to conditions of effective and efficient use.
The Customer will be able to make calls with the purchase of pre-paid traffic by recharging the SIM Card.

Once the traffic is exhausted, except in the case of a further top-up, it will only be possible to receive incoming calls.

The SIM Card allows you to make and receive national calls and is enabled to make international calls from Italy. Furthermore, all SIM Cards can make (where an international roaming agreement is available) and receive calls from abroad by choosing from the various charge methods offered.

By calling the Customer Assistance Service free of charge from any mobile phone in which your SIM Card is inserted, during the period of validity of the card, you will always be able to know the residual amount of traffic purchased on your SIM Card.

Deactivation of the card and management of the remaining credit

The SIM Card has a duration of 24 months starting from the making of the first paid call or from the last top-up operation. After 13 months (12+1) without top-up operations, the service will be suspended and the SIM Card will be deactivated, upon notice to the Customer 30 (thirty) days in advance. In the event of suspension of the service, the Sim Card can be reactivated free of charge within a further period of 11 months (the “Reactivation Period”) and the reactivation of the Sim Card will take place within 48 hours of the Customer’s request, except in exceptional cases. Once the Reactivation Period has elapsed without the Customer receiving a reactivation request (i) the Sim Card will be definitively deactivated, upon notice to the Customer 30 (thirty) days in advance,

In this case, the Customer can obtain recognition of the remaining credit on another Lycamobile SIM or, alternatively, by crediting the bank account. In case of return, the remaining credit will be paid net of € 10.00 as costs incurred by Lycamobile for the return of the aforementioned amount. To request the residual credit, it is necessary to send a registered letter to the address “Lycamobile Srl, Via di Valle Lupara 10, 00148 Rome”, with the indication of the personal data (name, surname and tax code) of the SIM holder, copy of an identity document, telephone number of the SIM and details of the current account to which to make the transfer.

Withdrawal

The Customer has the right to withdraw from the contractual relationship with Lycamobile at any time, giving notice to Lycamobile 30 days in advance by sending the following documentation by fax to Lycamobile’s Customer Assistance Service: withdrawal request, copy of a valid document identity and tax code.

Upon termination of the relationship, the Lycamobile SIM will be deactivated and the numbers associated with it may be assigned to other customers.

Traffic purchased by the Customer, and possibly not consumed at the time of withdrawal, is subject to the rules on the management of the residual credit indicated above.

The services provided by Lycamobile to its Customers are made available, under the conditions set out in a specific access contract, by a leading operator in the supply of electronic communications networks and services at national level

Lycamobile was guaranteed the provision of adequate network maintenance services and the same quality and level of service offered to other customers and operators, including territorial coverage and signal transmission.

In compliance with the provisions of Resolution no. 104/05/CSP, Lycamobile carries out a systematic survey and verification of its quality standards with the aim of continuously improving the services provided to its Customers. In compliance with current legislation, the following quality parameters monitored by Lycamobile have been identified and whose objectives for the reference year are shown in Annex A – 2009 Quality Objectives:

• Voice service activation time;
• Credit Renewal Time;
• Response times for calls to the operator’s customer support services;
• Claims about charges;
• Probability of SMS transfer to SMS centre.

Lycamobile reserves the right to apply different pricing methods for access to the service:

• timed: criterion connected to the duration of the conversation made. The duration can be charged per second (depending on the effective seconds of conversation), or in steps (depending on the number of steps present in a call or on the duration of the single step);
• volume: criterion dependent on the quantity of bytes actually exchanged;
• event: criterion dependent on obtaining the requested information.

The amount spent by the Customer for the purchase of the pre-paid service will be deducted from the credit each time the service is used.
The Customer will be able to find out the remaining credit available to him by calling the Customer Assistance Service free of charge or through the website www.lycamobile.it.

For Lycamobile, customer satisfaction is of fundamental importance. For this reason, continuous periodic surveys are carried out (on representative samples of the various customer segments) through which quality improvement programs are prepared.

The surveys measure customer satisfaction with regard to:

• the quality of the network;
• to the Customer Assistance Service;
• the additional services used;
• the effectiveness and acceptance of advertising.

In the event of theft or loss, the Customer must promptly call the Lycamobile Customer Assistance Service communicating the incident and the recipient’s data (telephone number, name and surname, tax code, identity document details).

In this way the SIM card, after verification of ownership, will be immediately blocked for outgoing calls. However, the customer has the possibility to keep the telephone number. The telephone number and residual traffic remain available to the customer.

Complaints must be sent to Lycamobile via:

• telephone contact to the Customer Assistance Service;
• letter sent to Lycamobile Srl, Via di Valle Lupara 10, 00148 Rome;
• e-mail through the website www.lycamobile.it.

In complaints, in order to ensure traceability, it is always necessary to indicate the telephone number.

Lycamobile undertakes to respond to complaints as soon as possible and, in any case, within 45 calendar days of receipt. In the event of a particularly complex complaint, Lycamobile will inform the Customer within the aforementioned term of the progress of the checks and of the timescales envisaged for responding to the complaint.

In the event of failure to meet the deadlines set for processing written complaints, Lycamobile will pay the Customer, for each working day of delay, the amount of €6.00 ​​(six/00) up to a maximum of €60.00 (sixty/00). The compensation will be paid through traffic quotas credited to the prepaid card.

The request for compensation can be forwarded in the same way as for the presentation of complaints. The compensation will take place within 90 days of the request, with credit on the Lycamobile SIM. After 15 days from the presentation of the complaint, information on the progress of the related investigation can be obtained by contacting the Customer Assistance Service

In the event of failure by Lycamobile to comply with the principles, obligations and commitments sanctioned by this Charter of Services, the Customer has the right to compensation of an amount commensurate with the duration of the disruption and the traffic volumes developed, as per the table, provided that the request for compensation is submitted within 90 days of the occurrence of the contested event:

Lycamobile will credit the amount due to the Customer through traffic quotas directly to the Customer’s number.

If the Customer is not satisfied with the management of the complaint as activated above and with the outcome of the same and/or intends to appeal to the judicial authority complaining of the violation of one of his rights or interests protected by a private law agreement or by the rules on telecommunications attributed to the competence of the Authority for Communications Guarantees, it is necessary to carry out the mandatory attempt at conciliation before the Corecom responsible for the area pursuant to Resolutions no. 173/07/CONS and no. 182/02/CONS of the Communications Regulatory Authority

Lycamobile undertakes to comply with the regulations in force regarding the protection of the confidentiality of its Customers’ data and to carry out the processing of personal data in accordance with the provisions of the information provided by Lycamobile pursuant to art. 13 of Legislative Decree 196/2003.

In particular, Lycamobile undertakes to adopt the appropriate technical and organizational measures to safeguard the protection and confidentiality of data. Furthermore, the processing of data relating to the activities inherent in the execution of the contract between Lycamobile and the Customer will be entrusted exclusively to personnel and subjects with proven experience, ability and reliability.

The Customer has the right to choose whether or not to be included in telephone directories available to the public and to request free inclusion in the general telephone directory, on paper and/or electronically, governed by Resolution 36/02/CONS and Resolution 180/02/ CONS. The Customer has the right to enter his/her personal data strictly necessary for identification, expressing his/her consent in the manner prescribed by the legislation on the processing of personal data. The Customer will be fully informed of the methods of entering, modifying, using and deleting personal data as well as the methods of supplying the lists.

Quality goals

(pursuant to Resolution no. 104/05/CSP regarding the quality and charters of mobile and personal communications services)