Monday, February 3, 2014

The deal between telecom consumers and service providers


Obligations of service providers:
OUTSIDE of the Universal Consumer Bill of Rights, telecoms companies operating in Nigeria are obliged under the Consumer Code of Practice Regulation, 2007 to provide the following for subscribers and /or Consumers.
1. Provide information on products and services that is complete, accurate, and up-to-date in simple, clear language.
2. Timely respond to request for information on products services and such information must be provided free of charge.
3. Service Providers are duty bound to provide consumers with current service arrangements such as rates and terms and conditions for all services on offer to the public. The information must be in both electronic and print format and be available on Operators website and retail outlets.
4. All changes in tariff rates and conditions for services must be punctually communicated to Consumers who are expected to make their views and comments on such changes to the Commission prior to the approval of same by the regulator. Any breach of this provision would void such action or actions.
5. Every approved tariff rate change must be effectively communicated to Consumers through several channels including electronic and printed formats.
6. On request, Service Providers must make available to Consumers contract or agreement for provision of services, which must be written in simple and language.
7. Before any service agreement is entered into, Service Providers must provide would-be Consumers with a complete description of the service(s) in clear language.
8. Service providers are obliged to provide Consumers with information on service quality levels offered and waiting time for initial connection as well service areas and coverage.
9. Service providers must provide information regarding compensation and refund in event of failure to meet contracted quality service levels; procedures and methods for resolving disputes in respect of service contract.
10.Where service are subject to upgrade or migration options, Consumers must be provided with clear and complete information regarding the upgrade or migration terms, including any changes in service performances and duly approved fees or charges resulting from the upgrade or migration.
11. Before a contract for service is entered into, the operator must inform the Consumer the applicable rates or charges, what the charges include, method of its calculation, frequency of the charge and whether the charges or elements thereof are subject to changes from time to time, the circumstances of such changes and how the consumer will be informed of such changes.
12. Service Providers must ensure that every contract with Consumers will specify the commencement date minimum contracts, methods of calculating any charges payable upon terminating, conditions and terms of renewal, conditions and terms of disconnection and reconnection and fees that may be charged for disconnection.
13. Service Providers must inform would-be subscribers of the existence of any product warranties and how to how to obtain such warranties.
14. It is an obligation of licensed Service Provider’s implement the facilities and processes needed to permit consumers to report fault 24 hours a day. 15. Service Providers are obliged to give advance warnings of anticipated service disruptions or planned outages, including details of the disruption or outages, the service and service areas affected and any applicable compensation or remedies.
16. Service Providers are to ensure special measures for Consumers with disabilities by ensuring that the requirement and interests of disabled Consumers are fully taken into account in the development and provision of its services.

Obligations of consumers to Nigerian telecoms services operators
1. Consumers must be bound by Operator’s terms of service on return of the signed service agreement, or on clearly accepting the service terms. Consumers shall also be deemed to accept an operator’s service term on commencement of use of the service that follows adequate communication by the licensee of its service terms.
2. Consumers must grant the Operator or its authorised representatives, without charge, access to premises, equipment or facilities as reasonably for any provisioning or maintenance of the services, equipment or facilities.
3. Consumers must not use any equipment or related facilities provided by an Operator for reasons other than those related to normal service, and must not do anything that interferes with the functioning of such equipment or facilities, without prior written authorisation from the operator. Consumers shall be responsible for any loss of or damage to equipment or facilities that result from action contrary to their service terms or this General Code.
Equipment owned by the Operator and connected to a telecommunications network may not be moved to a location or address other than the Operator. This restriction shall not apply to any equipment that is accompanied by disconnected and reconnected as part of its normal use.
Modification or attachment of any unauthorized devise to operator’s equipment or facilities is prohibited without prior written authorisation from the operator or Regulator (telephone answering machine). No equipment or devise that interferes in any way with the normal operation of a telecommunication service, including any equipment or devise that intercepts or assists in intercepting or receiving any service offered by the operator that requires special authorisation, may be installed by or on behalf of any consumer.
4. Consumers must not resell any service provided by an Operator expect as permitted by the service agreement of the Operator (and subject to any applicable licensing or authorisation by the Commission pursuant to Act).
5. Consumers must not misuse public telecommunications services, including by:
• Dishonestly obtaining telecommunications services; or
• Possessing or supplying equipment that may be used to obtain such services dishonestly or fraudulently; or
• Using services to send messages that are obscene, threatening or otherwise contrary to applicable laws or regulations.
6. In a competitive market, a Consumer may be tempted to accumulate payment arrears with one operator for services used, and then switch service to another operator without setting payment with the previous Operator. This type of “dishonest churning” by Consumers constitutes an abusive practice by Consumers of telecom service. In order to prevent this abusive behavior:
• Consumer must settle valid payment arrears with an Operator before switching to another Service Provider.
• Service Provider must be permitted to carryout investigations as to whether a person seeking its services has settled with his or her previous provider, before providing services to that person.
For any complaint, contact your service provider, if still dissatisfied, call the NCC (Toll Free)
For Further Information,
Call the NCC Toll Free
For Complaints:
0800-call-NCC , 0800-2255-622
For Online Complaints visit; www.ncc.gov.ng/consumer
 Consumer Affairs Bureau,
Nigerian Communications Commission (NCC)
Plot 432, Aguiyi Ironsi Street,
Maitama Abuja

+234-9-2912274, +234-9-461700, +234-9-4617126
FAX: +234-9-4617514
www.ncc.gov.ng


... Making SENSE of digital revolution!

No comments: