Bright Agreement: Terms and Conditions (English)
(Utopia /g)
1.0 - TERMS
“Bright” - Mobile High S.L. of C/ Lincoln 1, 08006 Barcelona, CIF
B63232433
“Charges” – the charges accrued by you for calls, SMSs and Data
you send or receive, or for additional activities as defined in the
Charges page of the Bright website: www.thebrightco.com
“Deposit” – the fully refundable amount of money you leave with
Bright when signing-up for Services
“Equipment” – the SIM card(s) supplied by Bright to you
“National” – within Spain
“Operator” – the owner of the mobile phone network that Bright
uses
“Plan” – the set of national and international call Tariffs, and special
pricing conditions (for example, a monthly allowance of free Bright-
to-Bright minutes) that form the basis for the monthly charges
“Roaming” – the ability to send and receive calls when outside of
Spain
“Service” – the ability provided by Bright to you in order that you
can:
a) make and receive national calls;
b) make and receive international calls;
c) send and receive national and international SMSs;
d) send and receive Data;
e) use Roaming.
Services a), b), and c) are activated as standard, while Services d),
and e) are available by request and/or require additional payment.
“Tariff” – the call rate used by Bright to calculate the cost of the
calls, SMSs or Data you send or receive. More detail is available
on the Tariffs page of the Bright website: www.thebrightco.com.
Tariffs apply to calls to standard fixed and mobiles and may not
apply to special rate numbers.
“You” – the customer of Bright (you may be an individual or a
company)
2.0 - AGREEMENT
This document creates an Agreement between you and Bright.
2.1 - Period of effect
This Agreement enters into effect when you click to acknowledge
your agreement to Bright´s Terms and Conditions if signing-up
online, or when you receive the Equipment if signing-up at Bright´s
offices. This Agreement shall continue until subject to the
termination provisions set out below.
2.2 - Amendments
Bright reserves the right to make amendments to this agreement.
Any amendments will be notified to you by email and will be
effective from a date specified in the email. This Agreement can
only be amended by Bright.
2.3 – Governance
This Agreement is governed by Spanish law and any disputes will
be decided by the Courts and Tribunals of Barcelona.
2.4 – Right of enforcement
No delay or omission by Bright to enforce any of its rights under this
Agreement shall prevent Bright from taking further action in respect
thereof.
3.0 - PROVISION OF SERVICES AND EQUIPMENT
3.1 – Provision of services by Bright
Bright obtains the Services from various Operators. Technical
support, availability and quality will be in accordance with the
Operator´s practices and conditions, available on request. Provided
you pay the Charges and fulfil all your obligations, Bright will
provide the Services in accordance with the terms of this
Agreement, and will make them available to you as soon as
practical after receiving your order.
3.2 - Equipment
All Equipment provided by Bright remains the property of Bright and
must be returned to Bright at the termination of this Agreement.
3.3 - Numbers
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Any numbers provided belong to Bright or the Operator, and may
be subject to change.
3.4 - Porting
You do not have the right to move your number to a different
service provider.
3.5 – Customer service
Any questions, requests or claims in relation to the Services can be
directed to Bright´s customer service team via the Contact Centre
page of the Bright website: www.thebrightco.com
4.0 - CHARGES AND INVOICING
4.1 – Basis of calculation
Charges are calculated on the basis of:
(i) Bright’s records of your usage of the Services;
(ii) Bright’s published call tariffs;
(iii) Specific features of your Plan;
(iv) Additional activities as defined in the Charges page of the
Bright website: www.thebrightco.com
4.2 – Publication and notification of changes
Bright’s charges and tariffs are available on the Charges page and
Tariffs pages respectively of the Bright website:
www.thebrightco.com. Bright reserves the right to change its
Charges or Tariffs at any time and will notify you of any changes by
email; any changes will take effect from the start of the next billing
cycle.
4.3 – Responsibility of payment
You will be liable for all Charges incurred using your account
whether by you or anyone else. In the case of unauthorised use,
you will be liable until you inform Bright or the Operator in
accordance with the relevant procedures as explained on the Loss
pages of the Bright website www.thebrightco.com
4.4 - Invoicing
Bright will send you a monthly invoice by email for Charges incurred
during the previous month, save for any that have not yet been
communicated to Bright by the Operator. You hereby authorise
Bright to debit the Charges from your bank account by the date
stated on each invoice, unless another payment method has been
agreed in writing.
4.5 – Payment due date
You must pay the Charges within 5 days of the date stated on the
invoice. If you fail to make the payment within the appointed period
Bright has the right to:
(i) block your Service and charge you a late payment fee; see the
Charges page of the Bright website: www.thebrightco.com
(ii) make continued service conditional on payment of an
additional deposit.
4.5 – Failure of direct debit
If a direct debit payment is refused you must pay all resultant bank
charges plus a Payment Bounce charge (see Charges), plus
interest at the current 12 month EURIBOR rate plus 4%, calculated
daily until all amounts are paid. All amounts due must be paid
within 3 working days of the failed direct debit in cash or into
Bright’s bank account with “La Caixa”, IBAN number: ES74 2100
3406 38 2200125031.
5.0 - YOUR FURTHER OBLIGATIONS
You must:
(i) ensure that at all times you provide Bright a working, current e-
mail address for receiving invoices and notices;
(ii) only provide information to Bright that is current and correct;
(iii) not use or allow anyone to use the Services for any illegal
purpose, to offend or annoy anyone or infringe their rights, or
other than in accordance with Bright’s or the relevant network
Operator’s instructions and applicable laws;
(iv) take care to prevent - and inform Bright immediately of -
damage to or loss or theft of the Equipment or possible
unauthorised use of the Services.
 Bright Agreement: Terms and Conditions (English)
(Utopia /g)
6.0 – TERMINATION / SUSPENSION
6.1 – Termination by Bright
Bright may terminate this Agreement or suspend provision of some
or all Services at any time, if:
(i) you breach any of your obligations under this Agreement;
(ii) Bright reasonably believes that any Service is being used
fraudulently or for any illegal purpose;
(iii) you are made bankrupt, or become insolvent;
(iv) the sum of your Charges over any rolling three-month period is
less than 30€;
(v) this is required by the relevant Operator;
(vi) you use a third-party service provider with your Bright number
to provide calls outside of Bright´s billing remit;
If Services are suspended due to your fault, resumption will be at
Bright’s sole discretion. Bright reserves the right to charge you an
additional Reactivation of Service charge (see the Charges page of
the Bright website: www.thebrightco.com) and such amended
payment terms as Bright may consider appropriate.
6.2 – Termination by you
You may terminate this agreement at any time by returning all
Equipment to Bright (unless ownership has passed to you).
Termination is effective from the point the Equipment is received by
Bright. Bright will charge to your bank account all accrued Charges.
Bright reserves the right to charge the full, non-discounted price of
any missing or damaged Equipment (for more information see the
Charges page of the Bright website: www.thebrightco.com)
You may also terminate this Agreement at any time by giving prior
written notice to Bright, if Bright:
(i) breaches this Agreement and such breach is not remedied
within seven days of your request in writing;
(ii) suspends payments, becomes insolvent or is in liquidation.
6.3 - Exceptional right of termination
If you contracted any Service online you may cancel that Service by
returning all Equipment to Bright within seven days of requesting
the Service. Bright will refund all payments received, subject to any
deductions for missing or damaged Equipment, but you must pay
for all use of the Services up to the date of return of all the
Equipment.
Bright through Bright´s Contact Centre: www.thebrightco.com
Bright will process a maximum of one limit change request per
month per customer.
9.0 - PLAN
9.1 – National calls
Bright´s national call tariffs are available on the National Tariffs
page of the Bright website: www.thebrightco.com
9.2 – International calls
Bright´s international call tariffs are available on the Tariffs page of
the Bright website: www.thebrightco.com
9.3 – Free minutes
As part of your call plan, Bright will provide you with an allocation of
free minutes every month to use to call other Bright mobile
numbers. This allocation of free minutes and any associated
conditions or costs will be advertised on the Free Minutes page of
the Bright website: www.thebrightco.com Any unused minutes may
not be carried over to successive months.
9.4 – Data
Bright´s Data tariffs are available on the Data page of the Bright
website: www.thebrightco.com
10.0 - GENERAL
10.1 – Personal data
Bright obtains personal data when you contract and use Services,
which it will hold in a database and process in order to provide the
Services to you and to contact you in relation to them. Bright may
also need to provide such data to regulatory bodies or Operators.
You have the rights of access, rectification, objection and
cancellation in relation to such data, which you may exercise by
contacting Bright through the Bright Contact Centre:
www.thebrightco.com
10.2 – Marketing
You have the right to choose not to receive marketing
communications that Bright may send to you. If you choose not to
receive marketing communications, Bright reserves the right to
continue to contact you by any means it considers appropriate for
purposes not related to marketing.

7.0 - LIABILITY
Bright hereby excludes to the maximum extent permitted by law all
liability in relation to:
(i) indirect or consequential loss arising out of this Agreement,
such as loss of profit, business, data, anticipated savings,
goodwill, reputation, costs, expenses and economic loss;
(ii) interruption or degradation of any Service for reasons outside
Bright’s control, including where caused by any third party
including an Operator, or regulatory changes;
(iii) any content that you access using the Services, any use that
you make of such content, and any goods or services that you
contract using the Services.

Bright’s liability in relation to direct losses will be limited to the

average monthly Charges billed to you during the preceding 3
months and will not exceed 500€.

8.0 - DEPOSITS
No interest will be paid on deposits. Bright may keep any deposits
towards sums due to Bright or, if all such sums are paid, the
remaining deposit shall be returned to you as soon as practical after
termination of this Agreement.

8.1 – Consumption limit

Bright will set a maximum amount you can accrue on your account
each month; after surpassing this maximum amount your Service
will be restricted until you make a payment to your account or
increase the deposit you leave with Bright.

Your consumption limits will be initially set to: a) 70% of your

deposit for national calls, and b) 30% of your deposit for
international calls. You may change this proportion by contacting

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