Telephony and networks

More than 15 years of experience in the sector

EJASO ETL Global has more than 15 years of experience in the telecommunications sector, advising the different players operating in this ecosystem.

We have a specialised team that provides legal advice to agents, distributors and franchisees in their relationship with the different operators in the telecommunications sector in our country.

We also advise homeowners’ associations and companies on their lease contracts with mobile telephone operators.

Advising on agency, franchise and distribution contracts

The relationship between the large telecommunications operators and their network of agents, distributors and franchisees can be complicated, and in many cases the source of conflict is disagreement with the latter:

The terms and conditions of contracts

The disparity in the crediting of fees generated by the portfolio

Complications arising from the termination or, as the case may be, cancellation of contracts

Conditions for customer indemnities in favour of the agent, distributor or franchisee

Our team provides advice that includes:

Examination of documentation and assessment of the feasibility of taking action.
Pre-litigation claims, settlements and calculation of compensation. In amicable proceedings we carry out:

Advice and, where appropriate, negotiation with the operator to improve contractual conditions in favour of agents, distributors and franchisees.
Advice on claiming unpaid commissions and other amounts receivable arising from the agency contract.

Representation and procedural defence in civil proceedings at all levels (appeals, hearings, enforcement of judgments, etc.). In judicial proceedings, after studying each case and depending on the circumstances of each case, we carry out:

Claiming compensation for clientele.
Claim for unpaid commissions by the operator, reimbursement of amounts due to penalties, return of guarantees, etc.
Compensation for damages (only in certain cases of termination for non-performance).

Advice on the installation of telephone antennas

When installing mobile telephone antennas in neighbouring communities or companies, different aspects must be assessed, both prior to signing the contract and once it has been signed.

Our team of lawyers specialised in advising homeowners’ associations offers the following services:

Advice and negotiation with the operator prior to the formalisation of the antenna installation lease contract.

The objective is to optimise the benefits derived from the lease, as well as to detect possible breaches of contract by the operator, such as over-occupancy or the installation of elements that do not appear in the contract, in order to preserve the rights of the owners.

Free review of the lease contract with the mobile phone operator(s).

The objectives are, on the one hand, the detection of subleases unknown to the landlord, requesting the corresponding % of rent; and on the other hand, pre-litigation claims, transactions and calculation of compensation in case of nullity of the lease or if it is subject to grounds for termination.

Representation and legal defence of the owners’ association and the company holding the lease, at all instances.

Lodging of appeals, hearings and enforcement of judgments in order to request the nullity or termination of the contract with the telephone operator and the resulting compensation in favour of the owners.

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