Consumers: This refers to any entity that ECNX enters into a business relationship with; in this specific context, any person, persons or corporate body that ECNX enters into an agreement with for the supply of internet bandwidth.
ECNX: This refers to Electronic Connections Limited, and used interchangeably.
Services: This refers to any tasks, whether one-off or recurrent, undertaken by ECNX at the behest of a Consumer.
ECNX shall provide Consumers with information on their services that is complete, accurate, and up-to-date and in simple, clean language.
ECNX shall endeavour to respond in a timely manner to Consumer requests for information on their services and such information shall be provided free of charge and shall include at least the following:
Current service, arrangements, including rates and terms and conditions for all services offered to the public, available in print and on the website.
Services that are subject to price or tariff regulation by the Commission shall be described in service tariff pages published in print and on the website.
Should ECNX seek any change in tariff rates for services, affected Consumers shall be notified of the proposed price change in an effective manner. If approved, such Consumers shall also be notified of the resulting tariff changes.
ECNX shall supply, or make available on request, a copy of the contract or agreement for the provision of services, and such contracts shall be written in plain and clear language.
Before entering into a contract for any service, Consumers shall be provided a complete description of the service in clear and plain language, avoiding unnecessary technical terms. Where other services are required in order to effectively utilize the service, the Consumer shall be sufficiently informed of such requirements or service dependencies.
ECNX shall also provide information on the service quality levels offered, the waiting time for initial connection and any service areas and coverage maps if applicable.
ECNX shall provide specific information regarding any compensation, refund or other arrangements, which may apply if contracted service levels are not met, along with the procedures and methods for resolving disputes in respect of the service contract.
Where services are packaged with one of more other services or products, ECNX shall provide the Consumer a description of each component service or product, and where ECNX sells the service or product component separately, the price that ECNX would charge for the component on a stand-alone basis
Where services are subject to upgrade, Consumers shall be provided with clear and complete information regarding the upgrade terms, including any changes in service performance and any duly approved fees or charges
Before the contract for service is entered into, ECNX shall inform the Consumer of:
The applicable rates or charges
What the charges include
Each part of element of an applicable charge, and the method of its calculation
The frequency of the charge or other circumstances that give rise to the charge
Whether the charges or elements thereof are subject to change from time to time, the circumstances of such changes and how the Consumer will be informed of such changes.
The contract itself shall contain the following information regarding the term :
The commencement date of the contract
What the minimum contract term is
The minimum contract period and the manner and consequences of termination
The situations here early termination is possible
The amount or method of calculating any charges payable upon early termination
The conditions and terms of renewal of the contract
the conditions and terms of disconnection and reconnection and fees that may be charged for disconnection or reconnection
terms and conditions that may apply to refund of any deposit including timing and any deductions or charges applicable
terms and conditions relating to situations that may give rise to the interruption, withdrawal or discontinuation of the service ; and
Terms and conditions relating to the delivery, installation or activation of the service.
Before entering into a contract to provide services, ECNX shall inform the Consumer as to whether there is any contractual warranty relating to products (if any) supplied for use in connection with the service, including how to obtain warranty service if needed and where a copy of the warranty is not provided with the products, ECNX shall inform the Consumer how and where it is available.
ECNX will also provide specific information regarding maintenance services offered.
ECNX shall provide services within any service supply time targets set out in the Commission’s Quality of Service Regulations, subject to the following :
in the event ECNX 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
ECNX will not be responsible for any readiness of premises or availability of infrastructure or equipment that is beyond its reasonable control
ECNX will not be responsible for delays or refusals of service requests caused by the Consumer being identified as not credit-worthy.
ECNX shall implement the facilities and processes needed to permit Consumers to report faults 24 hours a day.
ECNX shall comply and shall cause their agents to comply with the relevant fault repair standards set out in the Commission’s Quality of Service Regulations.
ECNX shall 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.
In the event of force majeure such as floods and storms the ECNX shall endeavour to rectify the fault within such period of time as may be reasonable in the circumstances.
ECNX shall make clear in advertising materials which promote the availability of a service any geographical or technical limitations on the availability of the service to consumers which :
Substantially affect the performance of their service
Are known to ECNX
ECNX shall make clear in any advertising materials which promote a service offer any limitations in the offer which restrict it:
To a particular group of people
To a partial zone, region or other geographical area
To a particular period of time
Through a limited availability of equipment, facilities or other materials.
Where ECNX represents in advertising materials that a service is provided as part of a package, ECNX shall ensure it is able to supply all components of the service package. In the event ECNX is or may be unable to supply any component of the package, appropriate information about this limitation shall be included in the advertising materials.
Where advertising materials indicate the price of a component of a service package, ECNX shall include in the advertising materials a statement of the minimum total charge for the package, and indicate any conditions that may apply to obtain the component at the stated price.
ECNX shall at all times endeavour to:
ensure that billing is accurate and timely
ensure that billing accuracy is verifiable
ensure that sufficient information shall be on the bill or otherwise readily available to the Consumer for verification of the bill without any charge
ensure that upon a bona fide request from a Consumer, ECNX shall inform or provide the Consumer with timely, accurate and current information about its billing terms and conditions and options relevant to that Consumer
retain records of a Consumer’s bill and related charges for a minimum period of twelve (12) months
in interpreting the obligations described in this section, references to “billing” or “bill” include ECNXs systems for recording and processing any prepaid transactions, including the debiting of call charges against prepaid card balances
ECNX shall ensure that, at a minimum, the following information is included in any bills issued by it or on its behalf:
the Consumer’s billing name and address
ECNX’s current business name, address and registered number
a way of identifying the bill uniquely
the billing period
a description of the charges (and credits) for which the Consumer is billed
the total amount billed, applicable credits, payments or discounts, and the net amount payable by the Consumer (or repayable by ECNX)
the date on which the bill is issued
the bill (or refund) payment due date
methods of bill (or refund) payment
methods of contact for complaints and billing inquiries
Any call charges applicable for complaints and billing inquiry calls.
ECNX shall ensure that Consumers have access to itemize details of all charges, either on the bill or on a separate statement provided by ECNX upon request.
Unless otherwise requested by or agreed with the Consumer, ECNX shall provide itemized details during the current billing period. Where applicable, ECNX shall inform Consumers of the notice period required to obtain itemized billing. In addition, ECNX shall ensure that itemized details contained in previous bills are available for 12 months, or any longer period required by law
ECNX shall not charge Consumers for bills of billing related information, except where the Consumer requests information not required to be provided under this General Code such as requests for billing details more than one (1) year old. ECNX shall inform Consumers of any applicable charge resulting from their billing requests, and shall obtain the consent of the Consumer to any charge before it is imposed.
ECNX shall process and issue bills within 30 days of the closure of each billing period. A bill shall include all charges incurred during the billing period except where:
there exists a separate agreement with the Consumer to the contrary
there is a delay as a result of the inclusion by ECNX of information from other suppliers or service providers in the bill
there is a delay as a result of a change initiated by the Consumer, such as where the Consumer has requested a different billing frequency or billing period
there is a delay as a result of the suspension of charges that are in dispute
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
billing is delayed by circumstances beyond the reasonable control of ECNX, such as an event of force majeure
ECNX shall ensure that Consumers are able to verify their bill payment by acknowledgment of payment on the next bill issued, telephone confirmation by calling a specified number, or such other appropriate and accessible methods as maybe made available by ECNX
ECNX shall provide Consumers with advance written notification of any proposed changes in billing periods, such advance notification to be at least equal to two (2) of its otherwise applicable billing periods (i.e. at least 2 months in advance where the billing period being changed is monthly).
Where a Consumer has not paid ECNX all or part of a bill for services provided by ECNX, any measures taken by ECNX to effect payment or disconnection shall—
be proportionate and not unduly discriminatory
be accompanied by appropriate warning to the Consumer in advance of any resulting service interruption or disconnection
confine any service interruption or disconnection to the service(s) concerned,Fas far as technically feasible
ECNX shall provide easily understood information about their complaint processes in various media and formats, including as specifically directed by the Commission from time to time.
ECNX shall ensure that Consumers can easily identify how a complaint may be lodged, either at ECNX’s premises or using identified forms of telecommunications.
Information on the complaints handling processes shall contain information:
to Consumers about their right to complain
on how ECNX can be contacted in order to make a complaint; and
on the types of supporting information including, documents the complainant needs to furnish when making a complaint
All complaints will be recorded by ECNX, and processed in accordance with identified practices and procedures.
ECNX are encouraged to make adequate provision to ensure that people with physical disabilities or other special needs are able to access their complaint handling processes, including ensuring that Consumers can be easily represented by their authorised representatives in order to make a complaint
In cases where Consumers specifically request assistance in lodging complaints, ECNX are encouraged to provide reasonable assistance
Written complaints shall be acknowledged by ECNX and acted on within any time frames set out in the Commission’s Quality of Service Regulations (or as otherwise directed by the Commission from time to time). ECNX can acknowledge and otherwise initially respond to a complaint either verbally or in writing, but should make reasonable efforts to make the initial response in the manner requested by the complainant
Non-written complaints shall be taken as acknowledged by ECNX at the time the complaint was communicated to ECNX
Where possible, Consumers shall be advised when they make a complaint of the expected actions and timing for investigating and resolving the complaints. In the event that ECNX regards the complaint as frivolous or vexatious, the Consumer shall be informed accordingly and if dissatisfied the Consumer shall have the further recourse described below. In any event, no Consumer complaint shall remain unresolved for more than three (3) months
ECNX shall implement processes to provide Consumers with sufficient information and the means to inquire on the progress of complaints. Such processes may include complaint reference numbers or other identifiers in order to facilitate timely and accurate responses to subsequent enquiries by Consumers
Consumers shall be advised of the outcome of the investigation of their complaint, and any resulting decision by ECNX.
Where a Consumer is not satisfied with a decision reached pursuant to a complaint, ECNX shall give the Consumer the option of pursuing an identified escalation process by which the decision may be examined by a suitably qualified person in ECNX’s organization. Where the Consumer has already been provided with the benefit of ECNX’s escalation process and where there are no further escalation processes, ECNX shall inform the Consumer accordingly.
In the event that a complaint has not been resolved to the Consumer’s satisfaction, including as a result of any escalation process, within sixty (60) days of being communicated to ECNX, ECNX shall inform the Consumer that he or she may refer the complaint to the Commission.
Failure to deal with Consumer complaints, and any related service failures, shall also be subject to the requirements of the Quality of Service Regulations, including payment of any specific service credits or rebates established pursuant to these regulations.
Complaint handling processes shall be provided free of charge. However, ECNX may impose a reasonable charge for complaint handling processes where investigation of the complaint requires the retrieval of records more than twelve (12) months old, and where that retrieval results in any incremental expense or significant inconvenience to ECNX. Any such charges shall be identified and agreed to by the Consumer before being incurred
ECNX shall advise Consumers that, in the event they remain dissatisfied with the outcome of a complaint they may refer the complaint to identified persons or departments, within the Commission
For disputes that remain unresolved by other means, the Commission will apply the processes set out in its Dispute Resolution Guidelines.
ECNX shall avoid imposing any disconnection or credit management action regarding any service to which a complaint or billing dispute relates while the complaint or dispute is being investigated. ECNX shall inform the Consumer that, while the complaint or dispute, is being investigated, the Consumer is obliged to make payment of any outstanding amounts other than the amount that is specifically in dispute
Where ECNX intends to take disconnection or credit management action against a Consumer regarding any amount that has been the subject of a complaint or dispute, ECNX will specifically notify the Consumer before taking the intended action.
ECNX shall have appropriate recording systems for complaints and their outcomes. Such tracking is also needed to meet the requirements of the quantity of Service Regulations.
Complaints tracking data shall be categorised and analysed by ECNX from time to time to allow for the identification of recurring problems, ECNX shall inform the Consumer that a record of their complaints is being kept, and if requested by the Consumer shall describe the complaints, tracking system used by ECNX.
ECNX shall update any information regarding their complaint handling and tracking processes as appropriate, including information provided to Consumers or the Commission.
53. Information collected and recorded as part of ECNX’s complaint handling processes shall be retained by ECNX for at least twelve (12) months following resolution of a complaint.