Amendment to the General Terms and Conditions of Contract
With effect from 1 October, 2017
Following the changed conditions in the market and the current economic context, we hereby communicate as follows:
With effect from the next phone bill, you will be charged the amount of 0.60 euro (net of VAT) for the payment collection charges sustained by Wind Tre.
This will first be charged to Customers in the October and/or November phone bill, depending on their invoicing cycle.
The Customers to whom the amendment applies will be notified in advance via SMS, on the invoice and, as set forth by Article 70 paragraph 4 of the Electronic Communications Code and in consideration of this proposed amendment to the Terms and Conditions of the contract, should they fail to accept the above-mentioned variation, they will be entitled to withdraw from the contract or to change to another operator without incurring any penalties or deactivation costs by 30/09/2017 for invoices issued in August and by 31/10/2017 for those issued in September. They can do so by communicating their intention in a letter sent by recorded delivery with return receipt, specifying “amendment to the terms and conditions of contract” in the subject line, to the following address:
Wind Tre SpA
Casella Postale 14155
Ufficio Postale Milano 65
20152 Milano
They must also indicate in detail the mobile lines and landlines for which they intend to withdraw from the contract and specify whether they intend to move to another operator.
In case of withdrawal, if the mobile and landlines present in the contract are associated with equipment paid by instalments (telephone, tablet, modem etc.), before deactivating the contract or moving to another operator, the customer can decide whether to pay the remaining instalments in a single lump sum, indicating this choice in the above-mentioned letter sent by recorded delivery.
Please also note that we are changing the following clauses of the general terms and conditions of contract for the Wind Tre services. Articles 2.4, 5.3 and 5.4 of the General Terms and Conditions of Contract for Wind Tre services are replaced by the following articles:
Art. 2.4 Proposed amendment
Wind can modify the technical specifications of the Services, update the payments due for the same and modify these Terms and Conditions for the following reasons:
I) intervening technical and management requirements including, by way of example, the intervening technical evolution/inadequacy of the network, the SIM Card or the characteristics of the services, etc.;
II) intervening changes in the framework of laws/regulations that cause an economic, technical or management imbalance in the supply of the Service;
III) changes to the structural conditions in the market, including, by way of example, structural variations in the technical and commercial costs sustained for the provision of the Service. Wind will notify the Customer of any negative changes to the Contract, including the economic conditions, using any suitable means. The Customer can accept the proposed changes or withdraw from the Contract without paying any penalties and notifying Wind of their intention to do so in writing by sending a letter by recorded delivery with return receipt at least 30 (thirty) days from the receipt of the communication from Wind. Should the Customer decide to withdraw, this will be effective from the date when Wind receives the relative communication. Should the Customer fail to communicate their intention to withdraw by the above-mentioned term, the proposed changes will be considered as having been accepted. Wind waives all rights in relation to the conditions of single specific promotional offers for which a pre-established duration is expressly indicated, for the duration of the same.
Art. 5.3 Invoices
The amount due for the Service will be charged to the Customer by sending the same a single copy of the relative invoices every two months, or with a different frequency indicated by Wind. The invoices will be sent using the method chosen by the Customer from the options indicated in the Contract Proposal. Wind offers Customers a service by which the invoices are sent via email, free of charge.
Should the Customer ask to receive the invoice as a hard copy rather than viewing it digitally, Wind will apply the costs and charges indicated on the website www.windtrebusiness.it.
Should the Customer fail to confirm that the invoices can be sent in digital form, Wind will send hard copies of the same. On the Customer’s request and with no additional costs, Wind will indicate the breakdown of the communications invoiced in each invoice, in the forms and using the procedures envisaged by the legislation in force. If the Customer requests that the phone bill be sent by email, they guarantee that they have exclusive ownership of and access to the relative email address, accepting full responsibility and exonerating Wind from all liability. In addition to the indications envisaged by the legislation in force, the invoices will indicate:
Art. 5.4 Payment term and methods
The Customer must pay the amounts indicated in the invoice by the mandatory term set forth therein. Payment must be made by direct debit on a current account, by credit card or using one of the other methods specifically indicated by Wind. Wind will charge the Customer the payment collection costs communicated from time to time on its website www.windtrebusiness.it.
Invoices must be paid in full. Partial payment of the same does not entitle Wind to adopt the solutions set forth in Article 5.5. The Customer must pay the fees even if the Service is suspended as envisaged by Article 5.5.
Following the changed conditions in the market and the current economic context, we hereby communicate as follows:
With effect from the next phone bill, you will be charged the amount of 0.60 euro (net of VAT) for the payment collection charges sustained by Wind Tre.
This will first be charged to Customers in the October and/or November phone bill, depending on their invoicing cycle.
The Customers to whom the amendment applies will be notified in advance via SMS, on the invoice and, as set forth by Article 70 paragraph 4 of the Electronic Communications Code and in consideration of this proposed amendment to the Terms and Conditions of the contract, should they fail to accept the above-mentioned variation, they will be entitled to withdraw from the contract or to change to another operator without incurring any penalties or deactivation costs by 30/09/2017 for invoices issued in August and by 31/10/2017 for those issued in September. They can do so by communicating their intention in a letter sent by recorded delivery with return receipt, specifying “amendment to the terms and conditions of contract” in the subject line, to the following address:
Wind Tre SpA
Casella Postale 14155
Ufficio Postale Milano 65
20152 Milano
They must also indicate in detail the mobile lines and landlines for which they intend to withdraw from the contract and specify whether they intend to move to another operator.
In case of withdrawal, if the mobile and landlines present in the contract are associated with equipment paid by instalments (telephone, tablet, modem etc.), before deactivating the contract or moving to another operator, the customer can decide whether to pay the remaining instalments in a single lump sum, indicating this choice in the above-mentioned letter sent by recorded delivery.
Please also note that we are changing the following clauses of the general terms and conditions of contract for the Wind Tre services. Articles 2.4, 5.3 and 5.4 of the General Terms and Conditions of Contract for Wind Tre services are replaced by the following articles:
Art. 2.4 Proposed amendment
Wind can modify the technical specifications of the Services, update the payments due for the same and modify these Terms and Conditions for the following reasons:
I) intervening technical and management requirements including, by way of example, the intervening technical evolution/inadequacy of the network, the SIM Card or the characteristics of the services, etc.;
II) intervening changes in the framework of laws/regulations that cause an economic, technical or management imbalance in the supply of the Service;
III) changes to the structural conditions in the market, including, by way of example, structural variations in the technical and commercial costs sustained for the provision of the Service. Wind will notify the Customer of any negative changes to the Contract, including the economic conditions, using any suitable means. The Customer can accept the proposed changes or withdraw from the Contract without paying any penalties and notifying Wind of their intention to do so in writing by sending a letter by recorded delivery with return receipt at least 30 (thirty) days from the receipt of the communication from Wind. Should the Customer decide to withdraw, this will be effective from the date when Wind receives the relative communication. Should the Customer fail to communicate their intention to withdraw by the above-mentioned term, the proposed changes will be considered as having been accepted. Wind waives all rights in relation to the conditions of single specific promotional offers for which a pre-established duration is expressly indicated, for the duration of the same.
Art. 5.3 Invoices
The amount due for the Service will be charged to the Customer by sending the same a single copy of the relative invoices every two months, or with a different frequency indicated by Wind. The invoices will be sent using the method chosen by the Customer from the options indicated in the Contract Proposal. Wind offers Customers a service by which the invoices are sent via email, free of charge.
Should the Customer ask to receive the invoice as a hard copy rather than viewing it digitally, Wind will apply the costs and charges indicated on the website www.windtrebusiness.it.
Should the Customer fail to confirm that the invoices can be sent in digital form, Wind will send hard copies of the same. On the Customer’s request and with no additional costs, Wind will indicate the breakdown of the communications invoiced in each invoice, in the forms and using the procedures envisaged by the legislation in force. If the Customer requests that the phone bill be sent by email, they guarantee that they have exclusive ownership of and access to the relative email address, accepting full responsibility and exonerating Wind from all liability. In addition to the indications envisaged by the legislation in force, the invoices will indicate:
- the invoice number;
- the date of issuance, reference period and expiry date;
- the breakdown of the amount due as indicated above in article 5.1;
- the taxes and duties envisaged by the legislation in force;
- the costs and charges applied pursuant to the applicable Economic Terms and Conditions;
- any credits owed to the Customer.
Art. 5.4 Payment term and methods
The Customer must pay the amounts indicated in the invoice by the mandatory term set forth therein. Payment must be made by direct debit on a current account, by credit card or using one of the other methods specifically indicated by Wind. Wind will charge the Customer the payment collection costs communicated from time to time on its website www.windtrebusiness.it.
Invoices must be paid in full. Partial payment of the same does not entitle Wind to adopt the solutions set forth in Article 5.5. The Customer must pay the fees even if the Service is suspended as envisaged by Article 5.5.
