Consumer code of practice
CONSUMER CODE OF PRACTICE DRAFT BY AUTOMATED TECH WORLD LIMITED - AN INTERNET SERVICE PROVIDER (ISP), IN COMPLIANCE WITH THE NIGERIA COMMUNICATIONS COMMISSION CONSUMER CODE OF PRACTICE REGULATIONS 2OO7 & THE GENERAL CONSUMER CODE OF PRACTICE 2007 PUBLISHED BY THE COMMISSION
Automated Tech World Ltd “ATW”, is a Licensed Internet Service Provider in Nigeria and is regulated by the Nigerian Communications Commission (NCC).
At Automated Tech World Ltd, we consider honesty and integrity to be the hallmarks of long-term success which ultimately contributes to the ethical wellbeing of us all. Amongst the most fundamental operating principles are adherence with all laws and regulations applicable to our business.
This Consumer Code of Practice Code “the Code” is issued pursuant to the Consumer Code of Practice Regulations 2007. This Code aims to address Consumer requirements, handling Consumer complaints and disputes, Protection of Consumer information, Billing, Charges Contract Terms etcetera.
B. Definitions and Interpretations
Unless otherwise defined, or the context otherwise requires, expressions defined in the General Consumer Code of Practice shall have the same meanings in this document including recitals and schedules:
“Services” shall mean or refer to any tasks, whether one-off or recurrent, undertaken by ATW Ltd at the behest of a customer
“Quality of Service Regulation” means the Quality of Service Regulations 2013
“NCC” “The Commission” “Commission” refers to the Nigerian Communications
“Host” means the Licensee, Automated Tech World Ltd
“Consumer” means the customer
“Code” “The Code” “This Code” means this Document / General Consumer Code of
“ATW” shall mean or refer to Automated Tech World Ltd
PROVISION OF INFORMATION TO CONSUMERS
Separate minimum periods will apply to Customers, which varies according to the pricing option, and Subscription Plan. The minimum service duration or period of service is 30 days.
The service will begin and the minimum period starts on the day the service activated and the customer confirms a satisfactory link
B. Service Contract
Prior to activating the service, every customer will be expected to sign a service contract detailing the full terms under which we provide products and services. Automated Tech World Ltd shall upon request provide a copy of the contract or agreement for the provision of services and such contracts shall be in clear language. Our Service Contract governs the contractual relationship between us and if any discrepancy exists between the Service Contract and Consumer Code of Practice, the Service Contract shall take precedence. Copies of duly approved individual Code shall be available to consumers on request
C. Description of Services
Automated Tech World Ltd. as an Internet Service Provider (ISP) provides all aspects relating to Internet Service Provision to Corporates and Individuals.
D. Pricing Information
Contract shall not take effect until parties mutually agree on the pricing and composition thereof. Pricing components may include but not limited to applicable rates or charges, calculation basis of each charge element, frequency, or basis of the collection of the charge, information as to whether charges are subject to change and the frequency of such changes and how information on such matters shall be communicated to the Consumer.
E. Contract Terms and Termination
Automated Tech World Ltd shall ensure prospective customers receive a full clear information on the terms and conditions applicable to the service prior to the provision of the service. Such information will include the commencement date, expiry date, applicable rates or charges, the services covered by the charge, information on the elements of the charge, method of its calculation; the frequency of the charge or other circumstances that give rise to the charge; and whether the charges or elements thereof are subject to change from time to time. Where such charges are subject to change, the customer shall be informed of the circumstances of such changes.
ATW will further clarify and clearly state the terms and conditions relating to renewal of service, upgrade, compensations on downtime, service degradation, termination of service, situations that may give rise to interruption, suspension or discontinuation of the service and relating to the delivery, installation or activation of the service, situations to resolve disputes on the service and billing in part or entire.
All terms and conditions of a contract regarding the provision of any of our services shall be clearly stated in the contract or agreement in clear and plain language.
F. Product Warranties and Maintenance
Where applicable, ATW shall inform the Consumer of any contractual warranty relating to any shared infrastructure. Such information, where applicable, shall include how to obtain such warranty services
There shall be specific information to the consumers on the availability and provision of any maintenance service by the Host.
ATW guarantees that equipment sold will work to the relevant specification for the minimum period of 90 days and will be free from design faults, manufacture or materials defect. ATW shall not be responsible for any defects arising from Electricity, fair wear and tear, accidental or willful damage, misuse or failure to follow guidelines on usage. Information regarding maintenance services offered shall be provided to the customer prior to entering into a contract agreement.
G. Provisioning of Services
To order any of our services, Customers can:
a) Visit our Head-Office, Offices or experience centers in any city where we have
b) Via our website www.serveafri.com
c) Call our sales team on +234 913 005 9107 / +234 806 522 4283
d) Email: firstname.lastname@example.org
I. Fault Repair and Service Interruption
– ATW shall provide Facilities and Process needed to permit Consumers to report faults 24/7 and comply with the relevant fault repair standards set out in the NCC’s Quality of Service Regulations. Also ATW shall issue advanced notices or warnings of anticipated service disruptions or planned outages including details of such and the services to be affected. ATW shall also give options as to applicable compensations or suggest other remedies
In instances of majeure such as floods, storms, and fire, ATW shall endeavour to rectify such fault within reasonable time as the circumstances permit.
-ATW shall endeavour to give adequate notification of any planned downtime including details of the disruption or outage, the services and service area affected and any corresponding compensation or other remedies if applicable
– Automated Tech World Ltd shall be in accordance with the service supply time targets set out in the NCC Quality of Service regulations subject to the following;
(a) in the event that ATW encounters technical problems that interfere with provisioning of the service (s), the time for provisioning will be subject to any time or process of rectification permitted by the Commission;
(b) ATW will not be responsible for any readiness of premises or availability of infrastructure or equipment that is beyond its reasonable control; and
(c) ATW shall not be responsible for delays or refusals of service requests caused by the Consumer being identified as not credit worthy.
J. Availability of Service
– ATW shall ensure that marketing presentation materials to potential Consumer s indicate any known geographical or technical limitations which may substantially affect the performance of the Consumer services.
– In addition to the above, marketing materials must indicate any limitations which restrict a particular group of persons, geographical area, particular period of time or limited availability of infrastructure or other materials.
ADVERTISING OF PACKAGED SERVICES
A. The Advertising Practitioners Council of Nigeria (“APCON”)
ATW, in all Marketing materials, shall comply with the Advertising Practitioners Council of Nigeria’s (APCON) Code of Advertising Practice and all applicable Codes, Rules and Regulations with respect to advertising and representation of the promotion of its services to the general public, as well as the Consumer Affairs departments of NCC.
B. Availability of Service
ATW shall make clear in presentations, advertising materials, promotion of services, and marketing materials to potential customers that promote the availability of a service, any foreseeable geographical, atmospheric, technical or other limitations of availability of the service, which may substantially affect the performance of the consumer services. Marketing Materials and Presentations shall also include, clearly, any foreseeable limitations in the service offering, which restrict it to geographical area, zone or region within the country, period of time, limited availability of infrastructure, equipment, facilities, or other material.
C. Advertising of Packaged Services
Automated Tech World Ltd shall ensure:
i. That it is able to supply all components of a service package, which it represents as part of that package and where it is unable to do so, to provide information on any limitations in the advertising materials. Further to the above, where the price of such component indicated in the advertising material, ATW shall include a statement on the minimum charge for the package as well as any conditions so applicable.
ii. That Marketing materials shall also incorporate an estimate of the minimum total charge for the package and indicate any terms and conditions applicable to obtaining the component at the stated price.
iii. That it shall not engage in unsolicited telemarketing marketing without express consent of the consumers.
SECTION 4 CONSUMER BILLING, CHARGING, COLLECTION
A. Billing Information
The following information shall be contained in invoices issued to the Consumer:
Consumer name and billing address
i. Automated Tech World Ltd.’s current business name address and registered number
ii. Unique identification or invoice number
iii. Date of invoice and billing period
iv. Description of the services provided by Automated Tech World Ltd for which
consumer is charged
v. Historical summary of charges including total amount billed, applicable credits, advance payments or discounts, net amount payable by Consumer or repayable by Host as the case may be
vi. Payment/refund due date
vii. Method of payment
viii. Method of contact for complaints and billing inquiries
Customers shall have access to bills as specified in the Customer’s contract agreement. Customers may also be able to access their bills through hand delivery of hard copies to the Customer’s billing address; upon request, bills may also be sent to the Customer by email; upon request, bills may be delivered to the Customer by Post.
B. Itemization of Charges
Automated Tech World Ltd shall ensure that itemized details contained in previous bills are available for a period of 12 (twelve) months or any longer period as specified by law or any applicable regulation or guideline of the Commission. A Customer shall not be charged for bills or billing related information, except where the Customer requests information not provided under the General Code of Practice of the Commission, or requests for bills or a record of related charges of more than 12 (twelve) months old.
C. Timing for Issuance of Bill
Bills shall be issued within 7 days before the closure of each period and paid in advance for the next period, except where otherwise agreed in the contract with the Customer, in which case, the bills shall be issued as provided in the service contracts.
i. A bill shall include all charges incurred during the billing period except where: there exists a separate agreement with the Customer to the contrary; or
ii. there is a delay as a result of a change initiated by the Customer, such as where the Customer has requested a different billing frequency or billing period; or
iii. Where there is a delay as a result of the suspension of charges that are in dispute; or
iv. there has occurred a billing system or processing problem, in which case the problem shall be rectified and bills issued without undue delay and in accordance with any time periods identified by the Commission; or
v. billing is delayed by circumstances beyond the reasonable control of ATW.
D. Receipts And Consumer Payment Advice
ATW shall make sure that Customers are able to verify their bill payment through selected Account Managers; and shall provide Customers with advanced notice of any proposed changes in billing periods. Parties shall consider the advance written notice sufficient if it offers a minimum notification period of at least twice the regular billing term(s).
E. Non-Payment Of Bills
Where a customer has not paid all or part of a bill for services provided, any measure take by Automated Tech World Ltd shall:
i. be proportionate and not unduly discriminatory; and
ii. be accompanied by appropriate warning to the Customer in advance of any resulting service interruption or disconnection; and
iii. Confine any service interruption or disconnection to the service (s) concerned, as far as technically feasible.
“Appropriate warning” within the context of this document means a notice in writing, giving the customer notice of service interruption or disconnection. This warning could be delivered to either through the Customer’s email address, or by letter addressed to the customer at the customer’s last known address. All billing enquiries shall be directed to the Sales Manager or designated Customer Account Manager in writing or via telephone or email addresses as provided in the relevant invoice.
A. Acceptance of Licensee Terms
Consumers are bound by our terms of service by accepting our service terms upon login with their login details on our web browser and upon download of our App.
Furthermore, Consumers shall
i. Grant ATW or its authorized representatives, without charge, access to premises, equipment or facilities as reasonably required for any provisioning or maintenance of the services, equipment or facilities
ii. shall not use any equipment or related facilities provided by ATW for reasons other than those related to normal service, and shall not do anything that interferes with the functioning of such equipment or facilities, without prior written authorization from the ATW
iii. be responsible for any loss of or damage to equipment or facilities that results from actions contrary to their service terms, this code or the General Consumer Code of Practice published by the Nigerian Communications Commission (NCC)
iv. not re-sell any service provided by ATW except as permitted by the service agreement of ATW
v. No equipment or device that interferes in any way with the normal operation of a telecommunications service, including any equipment or device that intercepts or assists in intercepting or receiving any services offered by ATW that requires special authorization, may be installed by or on behalf of any consumer The customer shall not:
vi. Obtain or seek to obtain, by any means whatsoever, information regarding the personal identification or password of any other person which is a customer of ATW or any network to which the Customer may be permitted access;
vii. Obtain or seek to obtain access to or interfere with any programs or data maintained by ATW.
viii. Develop or use programs which adversely affect or impact other customers, the Services, the Internet or any computer network;
ix. Use, transmit or store anything obscene, offensive or defamatory or which appropriates a personality without legal permission or which in any way violates or infringes copyright, trademark or other intellectual property rights;
x. Utilize the Services and the Internet for any purpose which is contrary to the laws
xi. of any government having jurisdiction over ATW and/or the Customer; and Commit any act or cause or permit any act to be committed or provide any services which will conflict with or affect in any way the provision of the Services by ATW
PROTECTION OF CONSUMER INFORMATION
A. Acceptance of Licensee Terms
Privacy of consumer information, verbal or in writing, is important and ATW shall take reasonable care to prevent any unauthorized access to consumer’s personal information, except those legally requested by State Authorities, Law Enforcement agencies and the Nigerian Communications Commission (NCC).
All consumers are assured that personal information is protected in accordance with NCC regulations, best practices and laws of the Federal Republic of Nigeria.
All consumer information is collated and maintained strictly for business purpose of ATW in a fair manner. ATW shall notify consumers prior to the collection of information, the consumer’s choices with regards to collection, use and disclosure of information, consumers access to their information and measures employed to protect consumer information.
ATW hereby adopts a protection of consumer information policy in line with Part VI of the General Consumer Code of Practice and full details of this policy can be made available by writing to us at email@example.com
All external requests for subscriber information in accordance with these provisions shall be addressed to:
The General Counsel,
Legal and Regulatory Department
Automated Tech World Ltd
7 Okuru Road, Off Peter Odili
Automated Tech World Ltd
67 Alcon Road, Woji
COMPLAINTS HANDLING PROCEDURES
A. Consumer Complaints
ATW shall ensure that its complaints procedure is accessible in various media and formats or as directly specified by the NCC from time to time. Information on the complaints procedure shall include:
a) Consumers right to lodge complaint
b) Mode of lodging the complaint to the Host
c) Requisite documents required to lodge a valid complaint
d) Means to enquire on status of complaint
The procedure must be expressed in clear language and the Consumer must be able identify how to lodge a complaint either physically or via dedicated online platforms
Consumer complaints shall be duly recorded and processed in accordance with identified practices and procedures
B. Complaint Process
Complaints shall be acknowledged by ATW verbally or in writing but preferably in the mode or manner requested by the Consumer complainant. Consumer shall forward complaints to the registered address of the Host Automated Tech World Ltd as stated below:
-Telephone: +234 913 005 9107,
-live chat on our app or
– at any of our nearest office.
Where possible, the Consumer shall be provided with an expected outcome or estimated timeframe within which the complaint shall be investigated and resolved. Notwithstanding the forgoing, complaints including those which require further recourse for lack of acceptable resolution, shall be acted upon within the set time frame as directed by the NCC from time to time or as provided in the annexed Quality of Service Regulations and this shall not exceed a period of three calendar months
An identified escalation process shall be accessible to the Consumer where Consumer is dissatisfied with the outcome of a complaint resolution. Such escalation process shall involve further complaint examination by a suitably qualified authorized representative of the Host.
Consumers shall be duly informed where resolution via the escalation process has been exhausted and there are no further escalation processes.
Oral or non-written complaints shall be deemed acknowledged by Automated Tech World Ltd at the time such was communicated to Automated Tech World Ltd
C. Special Needs
Consumers with special needs can subscribe for the services via an authorised representative. There are Special arrangements for communications, servicing, maintenance and contract management on case-to-case basis. Adequate provisions shall be made to ensure that people with special needs are able to access the complaint handling processes and ATW shall deploy its best endeavours to provide reasonable assistance to consumers lodging complaints.
ATW’s Complaint handling processes shall be provided free of charge. However, any complaint that requires the retrieval of records more than Twelve (12) moths shall attract charges which the consumers must be informed and agreed to.
E. Further Recourse
A customer that is not satisfied with the resolution process provided, the way we have handled any aspect of the account, or the way of treatment received when contacting the technical support or Customer Service, may escalate the complaint to
The Company Secretary
Automated Tech World Ltd
7 Okuru Road, Off Peter Odili, Port-Harcourt
or via email firstname.lastname@example.org
Where all afore-mentioned options to resolve a complaint are exhausted without a successful resolution, the customer may within sixty (60) days, escalate the complaint to the Commission.
i. The Commission offers a simple, quick, informal and inexpensive arbitration scheme under the Nigerian Communication Commission Dispute Resolution Guidelines 2004.
ii. A customer who is dissatisfied with the outcome of the dispute resolution mechanism may apply to the Commission for an arbitration of the matter in dispute and shall comply strictly with the provisions of the aforementioned Guidelines
iii. An aggrieved Customer will however be required to indicated his preferred avenue for the resolution of the dispute (i.e. either the regular courts or arbitration) as these options are mutually exclusive.
F. Action on Disputed Charges
Whenever there is an unresolved complaint or billing dispute, the consumer shall be obliged to make payment of any outstanding amounts other than the amount that is specifically in dispute. We shall not impose any additional charges in form of credit management or interest until while the dispute is being resolved.
G. Internal Data Collection and Analysis
ATW shall ensure availability of appropriate recording system for complaints and outcomes which shall comply with the requirements of the Commission’s Quality of Service Regulations such that recurring issues are easily tracked for effective processing
H. Changes to Complaint Handling Process
ATW shall ensure that Consumer is properly updated with any information regarding the changes in the Company’s complaint handling process, if any. We shall from time to time and as may be required by NCC review our complaint handling process. Revised and updated information will be posted to our website www.serveafri.com
I. Retention of Records
Information collated and recorded by the Host in respect of the complaint handling procedure initiated by the Consumer shall be retained for at least twelve (12) months following resolution of Consumer complain.
SECTION 8 CODE COMPLIANCE
A. Automated Tech World Ltd
Responsibilities Automated Tech World Ltd shall ensure that it adheres to the provisions of this code and all other statutory and regulatory instruments governing the provision of service to its customer.
B. Compliance Monitoring and Reporting
As a customer-centric organization, ATW maintains internal mechanisms to monitor compliance with its obligations under this Code and shall ensure that Consumers are able to take full advantage of these internal monitoring processes to facilitate the compliance with its obligations set out in this Code.
C. Complaints regarding Compliance
Customers who are dissatisfied with the resolution of their complaints or who otherwise have reasons to believe that any provisions of this code has been breached shall obtain immediate redress by escalating such complaints as detailed in this code.
Automated Tech World Ltd shall ensure that all customer complaints escalated in accordance with this code are resolved to the customer’s satisfaction; where dissatisfied with the steps taken, customer shall be at liberty to escalate the complaint further to the Consumer Contact Center maintained by the Commission
D. Industry Complaints
Automated Tech World Ltd operates under strict ethical guidelines which require that it competes fairly and ethically. Competitors and trade partners who may have any reason to believe that they have been unfairly treated by Automated Tech World Ltd are entitled to have their complaints resolved to the mutual satisfaction of all parties.
Complaints by trade partners shall be resolved in accordance with the provisions of the trade or other agreement between Automated Tech World Ltd and the concerned trade partner.
Complaints by competitors shall be resolved in accordance with the provisions of the relevant statutory and regulatory instruments (including, but not limited to the Competition Practices Regulations for the time being in force).
E. Commission Investigations
The Nigerian Communications Commission (NCC) is empowered by law and is fully responsible for ensuring compliance as well investigation into complaints or breach of code by either Automated Tech World Ltd her customers or between Automated Tech World Ltd and other providers.
Consistent with its commitment to ensure full compliance with all statutory and regulatory instruments, Automated Tech World Ltd shall extend full co-operation to the Commission in its investigation activities pursuant to Part 3 of chapter V and other relevant provisions of the Nigerian Communications Act and other instruments in that regard.
F. Appeals Process
The escalation process detailed in this code shall constitute the appeals process for the resolution of disputes. This shall however be without prejudice to the rights of customers dissatisfied with the outcome of the resolution process to appeal to the Customer Contact Center or other mechanism provided by the Commission for redress under such terms, and within such frameworks as the Commission may prescribe.
Automated Tech World Ltd shall maintain the highest level of confidentiality in the provision of services to its esteemed customers and in the resolution of disputes arising from the provision of such services. For the avoidance of doubt, Automated Tech World Ltd shall observe the confidentiality obligations set out in this Code in the resolution of disputes.
ACCEPTABLE USE POLICY (AUP)
In order to remain equipped, to provide our clients the best possible service, ATW will ask that customers kindly adhere to the applicable statutory and regulatory instruments governing the use of telecommunication facilities. The following obligations have been highlighted by the Commission for this Code of Consumer Practice;
Customers are not authorized to re-sell any service provided by ATW without its formal authorization.
§ Customers using commercial software which handles all technical aspects of their connection for them must note certain configuration issues and matters of courtesy or common sense.
§ ATW will not tolerate practices by any of Customers which negatively impacts our equipment or network, or that of other users of the Internet, or which in any way damages ATW’s Internet’s standing in the wider Internet community.
§ ATW will therefore enforce appropriate sanctions against any Customers who are responsible for abuse of the Internet. Such sanctions include, but are not limited to, a formal warning, suspension of all Internet access, or termination of the customer’s account(s).
For the guidance of customers on what ATW Internet considers to be unacceptable, some general issues are addressed below. Please note that ATW is not responsible for the content of external sites which are referenced by this AUP.
§ You must not use your Internet connection for any illegal purpose. You should be aware that some material is illegal to possess or transmit. You should also note that unauthorized access to computer systems is an offence; although many machines connected to the Internet are placed there so that you may access them, it does not follow that you may access any computer you come across.
§ Your traffic over the Internet may traverse other networks, or use other services, which are not owned or operated by ATW. If more restrictive than this AUP, you must also abide by the AUPs and other terms and conditions imposed by the operators of those networks and services.
§ You must not send packets onto the Internet which have forged addresses or which are deliberately constructed so as to adversely affect remote machines.
§ Your machine or network must not be configured in such a way that others can exploit it to disrupt the Internet.
§ You may not run “scanning” software which accesses remote machines or networks, except with the explicit permission of those remote machines or networks.
§ You must ensure that you do not further the sending of unsolicited bulk email or any other form of email or “abuse”. This applies to both materials which originate on your system and also third party material which passes through it.
§ You must not run an “open mail relay”, viz a machine which accepts mail from unauthorized or unknown senders and forwards it onward to a destination outside of your machine or network. If your machine does relay mail, on an authorized basis, then it must record its passing through your system by means of an appropriate “received” line. As an exception to the ban on relaying, you may run an “anonymous” relay service provided that you monitor it in such a way as to detect unauthorized or excessive use. However, you may not relay traffic from such an anonymous system via ATW’s Internet’s servers, i.e. you can only pass email from such a system to ATW Internet where this is the correct destination for final delivery.
Any decision ATW makes in relation to its services will be final on all matters