LETTER OF MINIMUM RIGHTS FOR USERS OF PUBLIC SERVICES OF
TELECOMMUNICATIONS
AS A USER OF TELECOMMUNICATIONS SERVICES, THESE ARE YOUR MAIN RIGHTS:
I. FREEDOM TO CHOOSE.
1. Free choice.
YOU HAVE THE RIGHT to freely choose the service or services that you want to contract, the provider that will provide it, the equipment or device that you will use (example cell phone, television, tablet, etc.), the plan and means of payment that you will have.
The information, promotion and / or advertising must be timely, complete, clear, verifiable, truthful, and free from texts, dialogues, sounds, images, trademarks, designations of origin and other descriptions that induce or may lead to error or confusion due to misleading or abusive, so you can always make a knowing choice. In any case, the provider is obliged to comply with what it has offered through any type of information, promotion or publicity issued.
2. Additional services.
YOU HAVE THE RIGHT to choose the service or services that you wish to contract, without the provider conditioning or obliging you to contract services or products in addition to the main one or in a package.
You have the right to the provider to inform you of the services or additional, special or related products to the basic service and to choose freely regarding the contracting of them. Likewise, you can terminate the provision of said additional services or products, without implying the suspension or cancellation of the provision of the basic service.
II. RIGHT TO PORTABILITY AND UNLOCKING.
3. Portability.
YOU HAVE THE RIGHT to change companies free of charge, keeping your own telephone number, as many times as you decide, going with the new company with which you wish to contract, who must carry out the portability during the 24 hours following your request, or if you wish. You have the right to decide on the date on which you want the portability to be executed, as long as it does not exceed 5 business days from when you submit your request.
YOU HAVE THE RIGHT from the date the portability is executed and without the requirement of additional requirements, to automatically terminate the contractual relationship with the provider that previously provided the service, only those services whose provision requires the numbers telephone numbers to be ported, so that services that do not require ported telephone numbers may continue to be active under the terms established in the contracts.
YOU HAVE THE RIGHT for the provider with whom you decide to change, to provide you with the necessary information to access the Information System on the internet that allows you to know the status of your portability request.
Once you have started the portability process, if you so decide, you have the right to cancel it for free.
YOU HAVE THE RIGHT to receive payment of the conventional penalties provided for in the contract, in case the corresponding portability deadlines are not met.
YOU HAVE THE RIGHT to carry out the portability of your telephone number despite having outstanding debts with the provider that provided telecommunications services, without exempting you from paying outstanding debts and, where appropriate, penalties for early termination, as well How to return equipment that is not your property.
4. Unlocking equipment or device.
YOU HAVE THE RIGHT, when you purchase a device, to be informed in writing by the provider if that device is blocked so that it can only be used on their network and in this case, it must inform you how it can be unlocked.
YOU HAVE THE RIGHT to unlock the mobile device when the term of the contracted plan ends, or when you have settled the total price of the device. When you have paid it in cash in a prepaid scheme, the provider or its distributor must provide you with the unlock code for your device when it is delivered to you.
III. RIGHT TO CLEAR, FAIR AND EQUAL CONTRACTING CONDITIONS.
5. Information on terms and conditions of contract.
YOU HAVE THE RIGHT to know, before hiring, all the terms and conditions established in the adhesion contract, clearly, sufficiently, truthfully and precisely. Said contract must be available on the provider's website.
At the time of contracting, the supplier must give you the adhesion contract in writing, which must be written in Spanish and with characters legible at a glance.
The adhesion contract must contain, at least, the description of the service you will contract, the obligations of the parties, the terms and conditions under which the services will be provided, the conventional penalties and the termination and modification cases. Likewise, it must contain the technical and commercial specifications, including the quality and, where appropriate, speed of the telecommunications service to be contracted, among others.
Likewise, the contract must indicate the available means of customer service and, where appropriate, customer service hours.
You have the right to require the provider to comply with the conditions offered or implicit in the adhesion contract and in the advertising, as well as in any information and displays that it disseminates or offers.
6. Contract registered with Profeco and the Federal Institute of Telecommunications.
YOU HAVE THE RIGHT that the adhesion contract through which you hire a service is authorized and registered by Profeco and before the Federal Institute of Telecommunications.
The adhesion contract that the provider gives you must also be available on its internet portal and must coincide with the one authorized and registered in Profeco and the Federal Institute of Telecommunications.
Consult the authorized and registered contract on the internet portal www.profeco.gob.mx and at www.ift.org.mx
7. Modifications only with your consent.
YOU HAVE THE RIGHT that the contract entered into with the provider can only be modified with your express consent.
You have the right for any modification to the contract to be previously authorized and registered with Profeco and the Federal Telecommunications Institute.
If you do not agree with the modifications or did not give your consent, you can demand forced compliance or terminate the contract without any penalty for you, even if the forced term has not expired.
In any case, if the service is not provided in accordance with the contract for reasons attributable to the provider, the provider must make the bonus, without prejudice to the compensation that may correspond for damages.
8. Itemized payment concepts.
YOU HAVE THE RIGHT to have the part corresponding to the rates for the contracted services, the purchase or rental of equipment, and other installation charges or other accessories, such as insurance, be separately broken down in the contract, invoices and proof of payment , bonds, memberships, etc., as well as the periodicity of these charges.
9. Termination of the Contract.
YOU HAVE THE RIGHT to terminate the contract and change the package or plan in advance and, where appropriate, only pay the remainder of the equipment (example: cell phone, television, tablet, etc.) and, where appropriate, the agreed conventional penalty .
Likewise, if the term of your contract ends and you do not want to continue with your provider, you can cancel it and the provider will no longer have to charge you for the subsequent period, except when the contract is renewed for continuing to use and pay for the telecommunications services originally contracted.
The termination of the contract can be done through the same means by which you contracted, as well as through available agile mechanisms made available by the provider, including electronic means.
Once you request the termination of the contract or the cancellation of certain services, the provider must inform you as of when it is obliged to cancel or cancel said services. If after this period, the provider has not made the cancellation or cancellation, you have the right not to be charged for the charges that are generated for this concept.
10. Proportional and reciprocal conventional penalties.
YOU HAVE THE RIGHT to reciprocal, reasonable and equitable penalties for breach of contract by either party.
Profeco will verify that reciprocal and reasonable conventional penalties are established in the adhesion contracts.
In no case, the provider may demand a double penalty for the same breach, nor may it require penalties greater than the amount that remains to be paid under the contract.
11. Renewal without payment of the equipment.
YOU HAVE THE RIGHT that if you decide to renew your mobile services contract (airtime, short messages, data, value-added services) and do not acquire a new equipment or device, the payment is made up exclusively of the rates registered with the Federal Institute of Telecommunications applicable to services, without any amount for the equipment.
12. Suspension of the service for non-payment.
YOU HAVE THE RIGHT to have the provider notify you of said suspension prior to the suspension of the service for non-payment.
YOU HAVE THE RIGHT to have the provider suspend only those services for which you did not pay.
IV. CHARGES FOR SERVICE.
13. Long Distance.
YOU HAVE THE RIGHT that the provider does not charge you long distance charges for calls you make, within the country, to any national destination (to landlines or mobile numbers).
14. Charge per second.
YOU HAVE THE RIGHT that in the services measured by the duration of the communications, the provider offers you the option of charging per second, without prejudice to the fact that it also offers you the option of charging per minute, per event, per capacity or any other modality.
15. Check your balance for free.
YOU HAVE THE RIGHT to check your balance at no cost and without being conditioned to buy additional balance, as well as to the payment of your unused balance on the expiration date, accumulating it to the recharges you make within the year following the expiration date of the same.
16. Statements of account, payment vouchers and / or clear and itemized invoices.
YOU HAVE THE RIGHT that the account statements, payment vouchers and / or invoices issued by your service provider are clear, legible and contain itemized items for the cost of services, equipment, additional services, charges of installation or other accessories such as insurance, bonds, memberships and other charges made.
In no case, the provider may charge you for services that you have not expressly accepted.
If you are a user of prepaid telecommunications services, you also HAVE THE RIGHT to request and obtain proof of payment and detailed information on your consumption and charges charged. The provider should inform you how you can obtain this information.
V. RIGHT TO QUALITY IN THE SERVICE AND IN THE TERMINAL EQUIPMENT.
17. Right to demand quality of service.
YOU HAVE THE RIGHT to demand the quality that the supplier has been obliged to comply with, through its advertising or adhesion contract. Remember that there are quality indicators for the mobile service, such as failed call attempts, interrupted calls, call establishment time, message integrity, interrupted internet sessions, average download data speed, among others, which are reviewed and published periodically by the Federal Institute of Telecommunications.
YOU HAVE THE RIGHT for the provider to comply with the quality standards determined by the Federal Institute of Telecommunications in providing services.
18. Discount or discount.
YOU HAVE THE RIGHT to be rewarded if the service is not provided in accordance with the quality and conditions agreed in the contract, or due to failures or undue charges due to causes attributable to the provider, with at least 20% of the amount of the period of impact and of the price of the service. The foregoing, without it being necessary for you to present a claim and without prejudice to exercising the respective legal actions to claim the compensation that may correspond for damages and losses.
19. Minimum guarantee and guarantee policy.
YOU HAVE THE RIGHT for the supplier to offer you a guarantee of the equipment, of at least sixty calendar days from the delivery of the equipment.
For this purpose, the supplier must provide you with your equipment, a written policy in Spanish that must clearly contain its scope, duration, conditions, mechanisms to make it effective, address for claims and establishment or place for repairs.
In case of not granting a guarantee, the supplier must inform you in writing, as well as the consequences and implications for not granting it.
20. Repairs.
YOU HAVE THE RIGHT that the duration of the repairs carried out to your equipment for guarantee purposes is not deducted from the guarantee period.
When the equipment has been repaired or replaced, the supplier must provide a new warranty for the replacement parts.
The provider must ensure that you are provided with the infrastructure, technical capacity, labor, as well as spare parts and accessories necessary to provide the services established in the guarantee of the telecommunications terminal equipment, when it is offered.
21. Restitution of defective equipment, rescission and return.
When the equipment shows defects or is not suitable for its intended use, YOU HAVE THE RIGHT to choose to return the equipment, terminate the contract and return the price paid or request a price reduction. Furthermore, in any of the above cases, you are entitled to the respective bonus which may not be less than 20% of the price paid.
SAW. RIGHT TO INFORMATION.
22. Clear and timely information.
YOU HAVE THE RIGHT for the provider to inform you before contracting about prices, rates, guarantees, penalties, compensation, quantities, quality, measures, interests, charges, terms, deadlines, dates, modalities, reservations and other conditions of the provision of the service, pursuant to which it has been offered, obligated or agreed and, under no circumstances may it deny you said service.
YOU HAVE THE RIGHT to know the provider's coverage, which you can consult at the service and / or distribution centers, on the provider's website and must provide it to you if you request it.
23. Access to information to defend your rights.
YOU HAVE THE RIGHT to receive a record of claims, requests and, in general, of all the procedures with incidents in your service that you carry out with the provider. If the provider's means of attention was by telephone, the provider is obliged to inform you that you have the right to receive a document that certifies the presentation and content of the claim, incident or management through any support that allows such accreditation.
YOU HAVE THE RIGHT to be informed of the status of the procedures you have carried out with the provider, at the time you request it.
24. Telephone service system for complaints and inquiries.
YOU HAVE THE RIGHT to access free of charge, 24 hours a day, three hundred and sixty-five days a year, to a provider's telephone or electronic service system, where you can make any type of query or file a claim about the service that is provided to you.
In the case of mobile telephony, the attention system must be by telephone, for which once you have accessed it and choose to speak with an authorized representative, the waiting time for them to attend you should not exceed sixty seconds.
25. Rates registered with the Federal Institute of Telecommunications.
YOU HAVE THE RIGHT to respect the rate registered with the Federal Telecommunications Institute, offered by the providers of any telecommunications service.
In case the rates that apply to you are not registered with the Institute, or if they are, they are not respected, you can file your complaint or complaint.
VII. RIGHT TO PRIVACY AND THE PROTECTION OF PERSONAL DATA.
26. Protection of your personal data.
YOU HAVE THE RIGHT to have the provider safeguard and protect your personal information, such as your name, address, email, telephone number and others.
Likewise, it has the obligation to inform you what data it collects from you and for what purposes it will use it through a privacy notice. You have the right that the data you provided be used only for the purposes that you authorized and at all times, you have the right to the security of the safekeeping of the same.
In any case, you can Access, Rectify, Cancel your information and Object to its use, which is commonly known as "ARCO Rights".
In case of loss or damage caused to your personal data, the provider must notify you.
27. Protection of your communications and the data that identify them.
YOU HAVE THE RIGHT for the provider to safeguard and protect your communications, as well as the data that identify them, such as date, time and duration of calls, messages or data that identify the origin and destination of these, among others, guaranteeing their confidentiality and privacy.
28. Not to receive calls or messages of unauthorized commercial promotions.
YOU HAVE THE RIGHT not to receive calls from your provider or any other, to promote or sell services or packages, unless you expressly express your consent.
VIII. ACCESSIBILITY RIGHTS OF USERS WITH DISABILITIES.
29. Equipment or devices accessible to people with disabilities.
YOU HAVE THE RIGHT to have, upon your request, equipment or devices that have functionalities, programs or applications that allow accessibility to people with motor, visual and hearing disabilities.
In addition, you have the right to access a telephone number for emergency services that includes mechanisms that allow you to identify yourself and locate yourself geographically.
VII. RIGHT TO PRIVACY AND THE PROTECTION OF PERSONAL DATA.
26. Protection of your personal data.
YOU HAVE THE RIGHT to have the provider safeguard and protect your personal information, such as your name, address, email, telephone number and others.
Likewise, it has the obligation to inform you what data it collects from you and for what purposes it will use it through a privacy notice. You have the right that the data you provided be used only for the purposes that you authorized and at all times, you have the right to the security of the safekeeping of the same.
In any case, you can Access, Rectify, Cancel your information and Object to its use, which is commonly known as "ARCO Rights".
In case of loss or damage caused to your personal data, the provider must notify you.
27. Protection of your communications and the data that identify them.
YOU HAVE THE RIGHT for the provider to safeguard and protect your communications, as well as the data that identify them, such as date, time and duration of calls, messages or data that identify the origin and destination of these, among others, guaranteeing their confidentiality and privacy.
28. Not to receive calls or messages of unauthorized commercial promotions.
YOU HAVE THE RIGHT not to receive calls from your provider or any other, to promote or sell services or packages, unless you expressly express your consent.
VIII. ACCESSIBILITY RIGHTS OF USERS WITH DISABILITIES.
29. Equipment or devices accessible to people with disabilities.
YOU HAVE THE RIGHT to have, upon your request, equipment or devices that have functionalities, programs or applications that allow accessibility to people with motor, visual and hearing disabilities.
In addition, you have the right to access a telephone number for emergency services that includes mechanisms that allow you to identify yourself and locate yourself geographically.
30. Las instalaciones o centros de atención contarán con adaptaciones y personal capacitado para atender a personas con discapacidad.
TÚ TIENES DERECHO a que las páginas o portales de Internet, o números telefónicos de atención al público del proveedor, cuenten con funcionalidades de accesibilidad, y a recibir atención de su parte a través de personal capacitado.
31. Internet pages with accessibility features.
YOU HAVE THE RIGHT to have accessibility functionalities on the Internet pages or portals, or telephone numbers of the provider, and to receive attention from you through trained personnel.
IX. RIGHT TO NON-DISCRIMINATION.
32. Right not to be discriminated against in accessing the contracting and provision of telecommunications services.
YOU HAVE THE RIGHT to access, contract or have telecommunications services provided, without the provider being able to discriminate against you based on ethnic origin or nationality, gender, age, disabilities, social condition, health, religion, opinions, sexual preferences, marital status or any other that undermines or nullifies your rights and freedoms as a person.
33. Right to net neutrality.
YOU HAVE THE RIGHT to access any content, application or service offered by the provider, within the applicable legal framework, without limitations, degradations, restrictions or discrimination.
YOU HAVE THE RIGHT to know, through the provider's internet portal, the characteristics of the service, speed (such as bits per second of uploading and downloading information, as well as the factors that may decrease the speed of the service) and quality authorized by the Federal Institute of Telecommunications.
YOU HAVE THE RIGHT for the provider to preserve your privacy and network security, for your provider not to obstruct, interfere, inspect, filter or discriminate content, applications or services. You also have the right to receive the capacity, speed and quality that you contracted regardless of the content, origin, destination, application or service that is provided to you through the internet.
X. RIGHT OF FREE ACCESS TO AN EMERGENCY SERVICES TELEPHONE NUMBER.
34. Emergency services.
YOU HAVE THE RIGHT for the provider to inform you of the unique emergency number and to have free access to said number, which will allow you to identify and geographically locate your call and, where appropriate, the text messages that are sent.
XI. RIGHT TO SUSPENSION OF THE SERVICE DUE TO REPORT OF THEFT OR LOSS
35. Report of theft or loss of equipment.
YOU HAVE THE RIGHT to report to your operator through expedited procedures, the theft or loss of your mobile equipment, so that it immediately suspends the service of the equipment or mobile devices.
Once you report your equipment as stolen or lost, the provider will no longer be able to charge you for the service.
XII. ADDITIONAL RIGHTS OF PAY TELEVISION USERS (BY CABLE OR VIA SATELLITE).
36. Receive free Open TV signals.
YOU HAVE THE RIGHT to receive free of charge the signals of the Open TV channels that are broadcast within your geographic coverage area and, the signals of the channels transmitted by Federal Public Institutions, if you have cable pay television.
If you have satellite pay television, you have the right to receive free of charge the Open TV signals of the channels "Canal de las Estrellas", "Canal 5", "Azteca Siete" and "Azteca Trece", as well as the broadcast channels by Federal Public Institutions.
37. Blocking applications or services.
YOU HAVE THE RIGHT for providers to block the content, applications or services that you request. You can make this request by the same means available to make the contract.
38. Parental control.
YOU HAVE THE RIGHT for providers to provide you with a parental control service upon your request, and to clearly publish the operational characteristics of this service and the instructions so that you can operate the applications necessary for its correct operation.
XIII. RIGHT TO PROTECTION.
39. Right of access to administrative bodies.
YOU HAVE THE RIGHT to the protection and representation of Profeco to ensure that your rights are respected, with a view to preventing individual and collective property and moral damage, guaranteeing legal, economic, administrative and technical protection. 40. Filing of complaints and reports for breaches of the provider.
YOU HAVE THE RIGHT to file complaints and reports with the Federal Telecommunications Institute and the Federal Consumer Prosecutor's Office, in the event of any breach by the provider.
When initiating a conciliation procedure derived from a complaint before Profeco, you have the right that, while it lasts, telecommunications services will not be suspended due to non-payment. You have the right to file a complaint with the Federal Institute of Telecommunications for the failures of the services or breaches of the operators to their obligations, in order for the corresponding verifications to be made and, where appropriate, to initiate a sanction procedure.
41. Collective representation.
YOU HAVE THE RIGHT to be represented in a collective action in the event of a supplier's breach, to seek a declaration that the supplier engaged in conduct that damaged your interests and your assets and to be sentenced to compensation for damages.
The representative of such a community or group can be Profeco, a registered consumer association or a group of at least 30 affected consumers who sign the lawsuit.
These are your main rights as a user of telecommunications services, there are others that are found in the laws, regulations and administrative provisions in force and applicable that the service provider has the obligation to respect.
If you want to know more about your rights, visit the Internet page of the Federal Telecommunications Institute www.ift.org.mx or the page of the Federal Consumer Prosecutor's Office www.profeco.gob.mx and remember YOU HAVE THE RIGHT. "