Consumer Code of Practice
GIFRA WIRELESS NETWORK LIMITED AN INTERNET SERVICE PROVIDER IN COMPLIANCE WITH CONDITION 6 OF THE INTERNET SERVICE PROVISION LICENCE GRANTED IT, PUBLISHES THIS CODE OF PRACTICE FOR CONSUMER AFFAIRS
This code helps to explain steps to remedy any wrong that may occur. It gives information, clear explanation and remedy. It provides step to step method on raising and resolving complaints. This code does not form part of a contract or collateral contract between Gifra Wireless and you.
Copies of this Code may be obtained by contacting our Customer Care.
Section 1 Introduction
Section 2 Providing Information to Consumers
Section 3 Advertisement and Representation of Service
Section 4 Consumer Billing, Charging, collection and Credit Practices
Section 5 Consumer Obligation
Section 6 Protection of consumer Information
Section 7 Complaints handling
Section 8 Code Compliance
Gifra Wireless is an ISP POP Provider, delivering fast internet services to homes, organizations(public and private) and other Value Added Services.
1.1. PURPOSE OF THE CODE
Pursuant to the Consumer Code of Practice Regulations 2007, Nigeria Communications Commission (NCC) has mandated Gifra Wireless Network in Nigeria to publish a Consumer Code of Practice.
This Code of Practice provides the complete and accurate information to consumers for services; representation of services, consumer billing, charging, collection and credit services, protection of consumer information, consumer obligations, complaints handling and code compliance. The Code provides a general overview of services offered to consumers; brief information on how to contact us about our products & services and subscribing to any of our services; detailed list of all our consumers’ rights and obligations; it also outlines the process for compliant handling up to resolution.
- APPLICATION OF THE CODE
This Code applies to the provision of Internet (broadband) services provision to the general public based on the ISP licenses obtained from the NCC and we aim to comply with the principles outlined in various legislation including the Nigerian Communication Act 2003 and Schedule 1 of the Consumer Code of Practice Regulation, 2007.
This Code therefore has been developed by Gifra Wireless, in line with the established and published NCC’s General Code of Practice Regulations 2007.
- CODE ADMINISTRATION
The Code will be administered by Gifra Wireless, in line with guidelines from NCC as well as reviews that are to be agreed and communicated by the Commission based on feedbacks at Consumer Forums and Consumer Affairs Bureau that may be set up by the NCC from time to time.
- AMENDMENT OF CODE
Gifra Wireless may amend this Consumer Code from time to time to conform to set guidelines that may be required by Law or by NCC.
- QUALITY OF SERVICE
2.1 Gifra Wireless shall comply with the standards of quality developed for the industry by the Commission. This shall be in consonance with our commitment to delivering service of the very highest quality to our customers.
2.2 Gifra Wireless shall provide the service contracted with the customer within any agreed service supply timelines.
PROVISON OF INFORMATION TO CONSUMERS
Mode of our operations and services shall be made clear to customers.
Gifra Wireless will provide its customers with complete, accurate, and up-to-date information in simple and clear language, on its current products and services, as well as tariffs and rates where applicable. We shall also inform customers of the terms and conditions for all services offered on the Gifra Wireless Network so that customers can make informed choices regarding our products and services.
Gifra Wireless shall ensure that customer requests for information on our products and services are responded to in a timely manner and provided free of charge. Such information to be provided shall include the following:
Current service arrangements, including rates and terms and conditions for all services offered, readily available in print and electronic format shall be provided upon request by customers; Gifra Wireless services that are subject to price or tariff regulation by the Commission shall be described in service tariff pages which shall be available upon request by customers; Service tariffs are subject to regulation by the NCC. Where any law or regulation then in force requires the input of customers before tariffs are changed, Gifra Wireless will provide its customers with sufficient information to enable them participate as required.
Our services are available in parts of Nigeria, while efforts are been made to launch out to all parts of Nigeria in due course. As a result our services may be limited to only areas of coverage for the time been.
Nothing in this Code affects your statutory or common law rights, nor is anything contained in this Code intended to form a part of a collateral or collateral contract between Gifra Wireless and any of its Customers.
- Contracts & Duration
Prior to deployment of our services, all clients are expected to complete our subscriber agreement form, read and sign the terms and conditions which detailed full terms under which the service is provided. It governs the contractual relationship between Gifra Wireless and its Clients and in the event of any discrepancy between the Service Contract and Consumer Code of practice, the service Contract shall take precedence. A copy of our Subscriber agreement form is available in print at our offices and electronic copy can be sent
upon request to [email protected]
- Description of Services
Gifra Wireless provides internet services to homes, schools hotels, public and private organizations and institutions as the case may be
For detailed description and pricing of our services, please send an email to [email protected]
- Terms & Information
A copy of our Subscriber Agreement Contract for our services is available in print at any of our offices and request for a copy can be sent to [email protected]
The information contained in the subscriber agreement Contract shall include details of all customers, full names, address, contact details, next of Kin or emergency contact persons nominated by the customer, corporate details and product & service type. All services are subjected to tariff regulation by the Commission shall be described in service tariff pages accessible on our website www.gifrawireless.net.
All consumers to be affected by a change in tariff for a product shall be notified of the proposed change. The information on the service shall include mechanism to resolving disputes.
Service contracts shall have in detail the components of each service, including, tariff information, conditions for renewal, discontinuation, interruption, continuation, terms and termination, product warranties and maintenance, conditions relating to deployment/installation and activation of service, quality of service Regulations 2013 (particularly Schedules 1 and 2), fault reporting, accessibility to operators directories and emergency services (where applicable) and provision for disabled consumers.
- Upgrade of Services
Where services are subject to upgrade or migration options, consumers shall be provided with clear and complete information regarding the upgrade or migration terms, including any changes in service performance and any duly approved fees or charges resulting from the upgrade or migration.
- Service Disruption
Gifra Wireless shall where its within its capacity, endeavour to give advance warning of anticipated service disruptions or planned outages, including details of the disruption or outage, the services and service areas affected and any applicable compensation or other remedies.
- Opt in and opt out of services
Gifra Wireless shall inform consumers of their right to opt out of any advertised or subscribed service where such service is available. To achieving this, Gifra Wireless shall have readily accessible mechanisms / paths to subscribe (‘opt in) to a service, renew a service or discontinue (‘opt out’) to a service to avoid consumers incurring further charges
PART 3. ADVERTISING AND REPRESENTATION OF SERVICES
- Advertising Practitioners Council of Nigeria(APCON)
All marketing materials shall be prepared in line with the Nigerian Code of Advertising Practice established by Advertising Practitioners council of Nigeria and consumer protection Council as well as the Consumer Affairs Bureau of NCC in conjunction with part III of the General Code.
- Availability of service
Gifra Wireless relies on public and private broadband backbone infrastructure and may not be available to all consumers based on interconnectivity uptime, restrictions, and / or market.
All geographical and technical inhibitions known to Gifra Wireless which may substantially impair the performance and availability of any advertised service shall be included in all marketing materials for the services.
III. Advertising of Packaged Services
Gifra Wireless shall ensure that it is able to transmit all components of a service package as contained in advertising materials where a service is provided as part of a package. Where it is or may be unable to supply any component of a package, appropriate information about this limitation shall be included in the advertising materials. Advertising materials for services indicating the tariff of each component of a service package shall also include a statement of the minimum total charge for the package, and indicate any conditions that may apply to obtain the component at the stated tariff in accordance with the general Code (Section 19).
IV Unsolicited Telemarketing
Unsolicited telemarketing shall be in accordance with the general code (section 20) and shall at the time of communication of the service, afford consumers the opportunity to cancel the agreement by calling a dedicated telephone number unless the service has by that time been supplied to and used by the consumer receiving the communication.
PART 4. CONSUMER BILLING, CHARGING, COLLECTION AND CREDIT PRACTICES
Gifra Wireless shall abide by the provisions in part 4 of the code and ensure that all billings are accurate, timely, verified and shall readily make available all billing terms and conditions relevant to the consumer. All Consumer billing information shall be retained for at least 12 months or as recommended by the commission. The following information shall be included in bills dispatched to the consumer; name and address, business address, billing period, description of charges, total amount billed, date of issuance, payment due date, methods of bill payment, refund arrangements, Bank details and consumer account details
Gifra Wireless will bill consumers upfront (in advance) for any service or package for the duration of the service.
Gifra Wireless shall ensure that the tools employed to effect payment for services rendered shall be proportionate and non-discriminatory and any service interruption or disconnection will be accompanied with appropriate advanced notice(s).
PART 5. CONSUMER OBLIGATIONS
I Acceptance of Licensee Terms
Consumers shall be bound by Gifra Wireless’s terms readily available to the consumers and a copy downloadable on our website clearly accepting the service terms by any form of communications. Upon deployment of the service on agreed date, the consumer is deemed to have accepted our services terms.
- Misuse of Service
In line with part IV of the General Code, Consumers shall not misuse Gifra Wireless services, by any of these means, including but not limited to: dishonestly obtaining services; possessing or supplying equipment that may be used to obtain such services dishonestly or fraudulently; dishonestly using SIMS to send messages that are obscene, abusive, offensive, threatening or otherwise contrary to applicable laws or regulation. Consumers who misuse our services shall be
subjected to investigative measures in the terms and conditions of the service. There are no provisions as it relates to the following under consumer obligation-
- Access for maintenance-
Consumers shall grant Gifra Wireless 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.
- Tampering with equipment–
Consumers shall not use any equipment or related facilities provided by Gifra Wireless 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 Gifra Wireless. This restriction should not apply to any equipment that is accompanied by operating instructions indicating that it may be disconnected and reconnected as part of its normal use.
- Modification or attachment of any unauthorized device to Gifra Wireless equipment or facilities is prohibited without prior written authorization from the Gifra Wireless.
- 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 the Gifra Wireless that requires special authorization, may be installed by or on behalf of any consumer
- Re-selling services without authorization;
Consumers shall not re-sell any service provided by Gifra Wireless except as permitted by the service agreement of Gifra Wireless (and subject to any applicable licensing or authorization by the commission pursuant to the Act.
5.1 Dishonest Churning
The service provider prohibits dishonest churning where a consumer may be tempted to accumulate payment arrears with one Licensee for services used, then ‘switch ‘service to another Licensee without settling payment with the previous Licensee. This constitutes an abuse of a competitive internet service market. In order to prevent this abusive behavior, consumers shall be required to settle a valid payment arrears with a Licensee before switching to another service provider.
5.2 Gifra Wireless shall be permitted to investigate if a person seeking its services has settled with his or her previous supplies and supplier, before having any obligation to provide service to that customer.
PART 6. PROTECTION OF CONSUMER INFORMATION
Privacy of consumer information, verbal or in writing, is very important and Gifra Wireless believes its consumers should feel confident about the privacy and security of their personal information. We take reasonable care to prevent any unauthorized access to consumer’s personal information, unless allowed by state authority and the commission. 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 Gifra Wireless in a fair manner. Gifra Wireless 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.
Gifra Wireless has adopted a protection of consumer information policy in line with Part VI of the General Consumer Code of Practice and full details of our policy can be made available by writing to us at Gifra Wireless Network Ltd or on [email protected]
We have set out below some important information about the personal information of consumers retained and their usage;
- General principles
Gifra Wireless’s policy on protection of consumer information shall state clearly the information, disclosures, consumer’s choices available to consumer regarding collection, use and disclosure of collected information and consequences of not providing relevant information. When ordering for certain services, Gifra Wireless may ask for personal information such as name, address, contact phone numbers and email address. Consumers may also ask other relevant information about the service being subscribed. Gifra Wireless’s shall include a clear statement regarding information issues and complaint mechanisms. Gifra Wireless’s shall maintain data quality by establishing appropriate processes and mechanisms to ensure accuracies in individual consumer information, use of reliable sources and collection methods, reasonable and appropriate consumer’s access and correction and protection against incidental or unauthorized alteration.
- Usage of personal information.
The information about consumers will be used in the following ways:
- Processing subscription requested by consumers.
- Billing for services.
iii. Publish consumer’s details in our highly secure directory,
provide directory enquiry service or information to NCC and
other authorized government agencies.
- Communicate with consumers about how to use the services
and inform the consumer about any changes to the service
before such changes take effect.
- Market Gifra Wireless’s product and services. However, we shall obtain the consumer’s permission to use their information for this purpose at the time of collating the personal information.
vii. Prevent and detect criminal activity, fraud, misuse of or
damage to Gifra Wireless’s network and prosecute defaulters.
viii. Gifra Wireless may provide information (in response to requests
from authorised law enforcement agencies) to prevent and
detect crime and prosecute offenders; and also provide information to protect national security. In all cases, Gifra Wireless will adhere to the laws of the Federal Republic of Nigeria, NCC regulations and customer services best practices.
- Length of retention of personal information
Gifra Wireless shall keep personal information for at least the minimum period prescribed by law depending on usage of such information. Unless specific legal requirements say otherwise, Gifra Wireless shall keep personal information no longer than is necessary for the purpose of collecting or processing the information and using it solely for its business purpose.
- Change to consumer protection of information policy
PART 7. COMPLAINTS HANDLING
- Information to consumers
Gifra Wireless shall provide consumers with information on its complaint process, in writing or electronic format, which can be obtained at its premises or on its Website, respectively. Gifra Wireless’s formal internal complaints procedure is outlined below. Gifra Wireless is fully committed to addressing all complaints, fully and fairly and within a reasonable time frame. Gifra Wireless shall try and resolve complaints by telephone, however, should consumers wish to receive a response in writing then consumers shall inform Gifra Wireless accordingly and it shall duly send a written resolution. The consumer’s complaints process shall include; consumers right to complain; contact details for lodging a complaint; supporting information/documentation needed to lodge a complaint; Gifra Wireless practices and procedures adopted in recording and processing complaints for satisfactory resolution.
- Complaints process
Gifra Wireless operates a customer service desk, free of charge, which is reachable during working hours (9.00am -5.00pm) via telephone and outside working hours via e-mail: [email protected] .
All consumers of Gifra Wireless product and service can contact the help desk via telephone; +234- , email: [email protected]. Before a consumer contacts our support desk, the consumer is advised to ensure that they have details of the service subscribed to, consumer’s mobile number, username (if any) and summary of the complaint. This will enable Gifra Wireless process and resolve their complaints quickly. Written complaints shall be acknowledged in line with the Commission’s Quality of Service Regulations, 2008 (Schedule 1) or as directed by the commission from the time to time. Verbal complaints are seen as acknowledged at the time complaint is communicated. All complaints shall be lodged and can be tracked using a unique number communicated to the consumer at the time of lodging the complaint.
III. Internal data collection of complaints
Gifra Wireless has in place appropriate recording systems for collection and storage of data relating to complaints and their outcomes meeting the requirements of the quantity of complaints in line with the commission’s Quality of Services Regulations, 2008 or as directed by the commission from time to time. To achieve this Gifra Wireless shall operate a tracking system for all complaints lodged by a consumer and resolution / outcome of each complaint which shall be stored for analysis and reporting purposes.
- Internal analysis of complaints and outcome
Gifra Wireless’s complaint tracking system shall store all complaints in a discernable manner for identification of complaints, identification of recurring problems, identification of resolutions (including time of resolution) and identification of outcome of complaints. As part of its consumers information policy, Gifra Wireless shall always inform the consumer that a record of their complaints is being kept, at the time of lodging a complaint, and if requested by the consumer shall describe the complaints and the tracking system used by Gifra Wireless to ensure prompt resolution of the consumer’s complaint.
- Review and reporting of complaints handling process
Periodically, Gifra Wireless shall review their complaint handling and tracking processes to ensure effective processing, of complaints. As requested by the commission, Gifra Wireless shall report on the outcome of such reviews and make any changes to complaint handling and tracking processes identified and communicated by the commission. The commission may from time to time audit its complaints handling and tracking processes including by exercising its powers pursuant to section 141 of the Act.
- Retention of data
All data (information) collected for Gifra Wireless complaint handling process shall be stored at least 12 months after resolution of a complaint or as directed by the Commission from time to time.
VII. Resolution time
Gifra Wireless aims to deal with problems as quickly as possible and so our help desk assistance will try to resolve the problem as soon as possible. If this is not possible, a customer representative will contact consumer informing on the next course of action. Notwithstanding the above, complaints lodged shall be resolved and communication of resolution shall be sent to consumer no later than 3 months from lodging the complaint.
If consumer need to escalate a complaint about the way Gifra Wireless has handled any aspect of their account or the way consumers have been treated when contracting the technical support or customer service desk, the consumer may escalate by writing, detailing the nature of the complaint to: Client Relationship Management Unit- Corporation Drive Dolphin Estate Ikoyi Lagos. Failing satisfactory resolution by Gifra Wireless’s complaint and escalation process, Gifra Wireless shall at all times, inform consumers of their right to refer their complaint to the commission.
- Contracting consumers
When needs to contact consumers, shall use consumer’s e-mail address and mobile phone numbers. shall contract consumers to advice on the outcome of an investigation to any complaint which our help desk agents were unable to resolve during the initial telephone call.
- Consumer with special needs
Gifra Wireless’ is aware of its legal and moral obligations to consumers with physical disabilities and special needs. These services are designed to meet the demands of the current regulations, as well as enable Gifra Wireless offers the best possible service to these consumers. Gifra Wireless shall ensure that its representatives are well equipped to fully assist consumers with special needs in lodging complaints.
- Special Literature
Copies of this code of practice in larger print are available in all our offices. Our web developers are also working persistently to improve the accessibility of our site to disabled customers.
Complaint handling processes shall be provided free of charge. However, Gifra Wireless may impose a reasonable charge for complaint handling processes where investigation of the compliant requires the retrieval of records more than twelve (12) months old, and where that retrieval results in any incremental expenses or significant inconvenience. Any such charges shall be identified, communicated and agreed with the consumer before billing.
XIII. Action on disputed charges
When 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. Gifra Wireless shall not impose any additional charges in form of credit management or interest while the dispute is being resolve.
XIV. Change to complaint handling process
Gifra Wireless shall from time to time, and as may be required by NCC, review its complaint handling process and shall update any information regarding their complaint handling processes as appropriate, including information provided to consumers or the commission, as and when any changes occur. Revised and updated information will be posted on
Gifra Wireless’s website: www.gifrawireless.net
PART 8. CODE COMPLIANCE
- Gifra Wireless’s Responsibility
Gifra Wireless takes responsibility to the code compliance very seriously and recognizes the importance of developing and maintaining a good code that is approved by the commission. Gifra Wireless is committed to an ongoing process of improvement in its operational performance, seeking not only to comply with legal mandatory requirements but also proactively educating her employees regarding the code compliance and providing the required information to the commission as at and when needed.
- Compliance monitoring and reporting by the commission
Gifra Wireless is in full support and agrees to work with the commissions as well as consumers to ensure that the service it delivers in terms of quality and customer support continues to meet exceed developed standards and codes of conduct prescribed by NCC.
III. Consumer complaints
All complaints by consumers will first be lodged and dealt with by Gifra Wireless in accordance with clause 7 of this code. Where a consumer lodges a complaint with the commission and does not initially contact Gifra Wireless, the commission will forward the complaint to Gifra Wireless for resolution in accordance with our complaint handling process detailed in this code.
Industry complaints are those made by one Licensee against another for an alleged breach of a consumer code. Industry complaints will also include complaints by a group representing consumer’s interests against a Licensee. Industry complaints shall first be lodged forward such complaints delivered to it, to the commission and inform the complainant that its further contact regarding the compliant shall be with the commission.
- Commission investigation
The Nigerian Communication Commission (NCC) is empowered by law and is fully responsible for ensuring compliance as well as investigation into complaints or breach of code by either Gifra Wireless, consumers or between Gifra Wireless and other providers.
- Appeals process
Where there is a dispute between Gifra Wireless and a consumer that cannot be resolved within 60 days from the first date of lodging the complaint with Gifra Wireless, the consumer has the right to refer the matter to the Head Consumer Affairs department of the Nigerian Communications.
Gifra Wireless will treat any information concerning any compliant or compliance in confidence and will not disclose it to anyone except or in accordance with any instructions given by consumers. However, there are circumstances in which Gifra Wireless may not be required by law to disclose information. Such requests normally comes from Statutory Authorities, for example Police Force, EFCC and Excise etc. Any such disclosure will be strictly controlled and will be made fully in accordance with the laws of the Federal Republic of Nigeria.