CONSUMER CODE OF PRACTICE DRAFT BY MEGAMORE WIRELESS BROADBAND 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
This code helps to explain what to do if things go wrong. It gives information on how to get full
explanation, together with a remedy. It sets out the complaints, how we will resolve it, and what you can do if you are not satisfied with our response.
Copies of this Code may be obtained by contacting our Customer Care.
Contents:
Section 1 Introduction
Section 2 Provision of 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
Section 9 Customer Obligation
SECTION 1 INTRODUCTION
MegaMore Wireless Broadband limited is a licensed Internet Service Provider in Nigeria by the Nigerian Communications Commission to provide Internet Services. This Consumer Code of Practice “this Code” is to further the Nigeria Communications Commission’s requirement as contained in the Nigerian Communications Act 2003 and the Consumer Code of Practice Regulations 2007. This Code applies to the provision of broadband Internet service, developed by MegaMore in line with the established and published NCC’s General Code of Practice.
1.1 Scope and Objectives
This Code of Practice represents our commitment to the regulatory ideals of the Commission, our esteemed and valued Customers and the Nigerian Community at Large. The Code reflects MegaMore’s Commitment to set standards for the Service Delivery and Due Process, ensuring that our customers receive the best possible service at all times, and responses to queries are dealt with professionally, timely, proactively, transparently, fairly and honestly. Handling
Consumer complaints and disputes, Consumer compensation in case of breach, Protection of information, Billing.
This Code is an expression of the spirit of our Customer Mandate. A veritable tool to attain our commitment to our customers by conceiving and ensuring a very highest level of Quality of Service (QoS) guidelines developed for the industry by the Commission, responsiveness in our operations, to meet and exceed established customer satisfaction standards and pledge ourselves to respond to the needs of Customers. This Code explains and highlights the processes,
strategies and policies adopted by MegaMore to ensure clients’ optimal service.
The guide also provides guidance in cases of complaints or disputes and includes explanation of adjudication arrangements that will provide a free and convenient yet effective way of resolving disputes that cannot be resolved between the customer and MegaMore.
1.2 Definitions
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:
“Quality of Service Regulation” shall mean the Quality of Service Regulations 2013
“Consumer” “Customer” ”Client” shall mean the customer
“MWB” “MegaMore” “Licensee” shall mean and refers to Megamore Wireless Broadband Limited.
“Services” shall mean/refers to any tasks, whether one-off or recurrent, undertaken by MWB at the behest of a customer.
“NCC” “Commission” The Commission” refers to The Nigerian Communications Commission.
“Code” “The Code” “This Code” means this Document / General Consumer Code of Practice.
1.3 Code Administration and Amendment
The Code shall be administered by MegaMore in line and compliance with procedures and guidelines from NCC as well as reviews that are to be agreed and communicated by the Commission based on feedbacks at Consumer Forums that may be set-up by NCC from time to time. Compliance Monitoring will typically be undertaken by the Consumer Affairs Bureau of the Commission, or such other departments or authorities within the Commission.
MWB may amend this Consumer Code from time to time in conformance to set guidelines that may be required by law
or by the NCC.
SECTION 2 PROVISION OF INFORMATION TO CUSTOMERS
2.1 General
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.
2.2 Service Contracts
Ideally, prior to activating the service, every subscriber will be expected to sign a service contract details full terms under which we provide products and services to our customers. It governs the contractual relationship between us and if any discrepancy exists between the Service Contract and Consumer Code of Practise, the Service Contract shall take precedence. MegaMore shall make available on request, a copy of a contract or agreement for the provision of services,
set out in plain and clear language along with duly approved individual code of practice.
2.3 Description of Services
MegaMore Wireless Broadband Limited provides all aspects relating to Internet Service Provision as an Internet Service Provider (ISP) to Corporates and Individuals.
2.4 Pricing Information
MegaMore is committed to provide Customers, in electronic form and in Print where applicable, accurate, and up-to date information in simple and clear language, for current products and services, as well as tariffs, rates, frequency of billing, and PROMO where applicable. Such information provided free of charge and accessible through any of our offices, experience centers, dealers, and franchise outlets. Where the service made public, email, website, social media pages and / or telephone. MegaMore shall ensure that customer requests for information on our products and services responded to in a timely manner.
2.5 Contract Terms and Termination
MegaMore 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.
It should further clearly include 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.
2.6 Product Warranties and Maintenance
MegaMore 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. MWB 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.
2.7 Provisioning of Service
To order any of MegaMore services, Prospect can:
– Visit our Head-Office, Offices or experience centers in any city where we have coverage.
– Via our website www.megamorebroadband.com www.megamore.ng
– Call our sales team on +234 8152525222 – 07065525271.
– Email [email protected] You will have to pay for the customer premises equipment and at least one month’s subscription for any selected
MegaMore shall endeavor to provide services in accordance with the service supply-time targets set out in the NCC’s Quality of Service Regulations, subject to the following:
(a) in the event that MegaMore 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) MegaMore will not be responsible for any readiness of premises or availability of infrastructure or equipment that is beyond its reasonable control; and
(c) MegaMore shall not be responsible for delays or refusals of service requests caused by the Consumer being identified as not credit worthy.
(d) Consumer shall agree to follow any reasonable instructions that we may give relating to use of the service.
2.8 Fault Repair and Service Interruption
MegaMore shall provide Facilities and Process needed to permit Consumers to report faults 24/7 and in compliance with the relevant fault repair standards set out in the NCC’s Quality of Service Regulations. An advanced notice/warning of
anticipated service disrupts or planned outages, including details of such, the services are as to be affected and any applicable compensation or other remedies. While in cases of majeure such as floods, storms, and fire, MegaMore shall endeavour to rectify such fault within reasonable in circumstances period.
2.10 Special measures for consumers with 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 MWB shall use its best endeavors to provide reasonable assistance to consumers lodging complaints.
SECTION 3 ADVERTISING AND REPRESENTATION OF SERVICES
3.1 The Advertising Practitioners Council of Nigeria (“APCON”)
MegaMore, 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.
3.2 Availability of Service
MWB 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.
3.3 Advertising of Packaged Services
MegaMore shall ensure:
• 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, MWB shall include a statement on the minimum total charge for the package as well as any conditions applicable thereto.
• The 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.
• That is shall not engage in unsolicited telemarketing marketing without express consent of the subscribers.
SECTION 4 CONSUMER BILLING, CHARGING, COLLECTION AND CREDIT PRACTICES
General Principles
This section describes MegaMore’s Customer billing, charging, collection and credit practices in line with the Nigerian Communication Commission’s (NCC) General Consumer Code of Practice. The objective of MegaMore policy on Customer billing, charging, collection and credit practices is to ensure that Billing is accurate, timely, and that the billing accuracy is verifiable and Sufficient information shall be provided on the invoices for verification by the customer.
Billing information
MegaMore ensures that customer bills shall include sufficient information, including but not limited to; Customer billing name, address, Phone & Email; MegaMore’s business name, address, NCC License Number and registered number; Bill number as a unique identifier; The billing period; Description of the charges based on the contract to which the bill applies; Total amount billed, applicable credit, discounts, and net amount payable by the customer; The date on which the bill in issued, any bill or refund payment date, the methods of bill payment; Standard practice for handling customer complaints and billing inquiries; Processes guiding the bill delivery & retention, billing period and delayed bills; Guidelines for billing enquiries, Customer complaints, penalties for non-payment of bills.
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.
Itemization of Charges
MegaMore 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. 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 more than 12 (twelve) months old.
Timing for Issuance of Bills
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.
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
• there is a delay as a result of Main One’s inclusion of information from other suppliers or service providers in the bill; or
• 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
• there is a delay as a result of the suspension of charges that are in dispute; or
• 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
• billing is delayed by circumstances beyond the reasonable control of MWB.
Receipts and Consumer Payment Advise
MWB shall ensure that Customers are able to verify their bill payment through designated Account Managers; and shall provide Customers with sufficient advance notification of any proposed changes in billing periods.
Non-Payment of Bills
Where a customer has not paid all or part of a bill for services provided, any measure take by MegaMore shall:
• be proportionate and not unduly discriminatory; and
• be accompanied by appropriate warning to the Customer in advance of any resulting service interruption or disconnection; and
• Confine any service interruption or disconnection to the service (s) concerned, as far as technically feasible.
“Appropriate warning” means a notice in writing, giving the customer notice of service interruption or disconnection delivered via email, or by letter addressed to the customer at his last known address. The notice shall also confirm the time frame not being less than the time frame. 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.
SECTION 5 CONSUMER OBLIGATIONS
Acceptance of Licensee Terms
Consumers shall be bound by MegaMore’s terms of service on return of a signed service agreement, or on clearly accepting the service terms by any form of telecommunications. By activating the service on commencement date, client deemed to accept our service terms.
Access to Maintenance
Consumers shall grant MWB 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 MWB 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 MWB. Consumers shall be responsible for any loss of or damage to equipment or facilities that result from actions contrary to the terms and conditions of service or this Code.
– Modification or attachment of any unauthorized device to the Licensee’s equipment or facilities is prohibited without prior written authorization from the Licensee.
– 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 service offered by MWB that requires special authorization, may be installed by or on behalf of any Consumer.
Reselling Services without Authorization
The Customer warrants that the Services will not be resold, distributed or shared unless MWB is notified, in writing. In the event that the Services are resold with notice to MWB, the Customer shall save and hold MegaMore harmless for all liability arising from the use or misuse of such resold services, which must be sold under a formal agreement similar in form to MWB Agreement, including the Acceptable Use Policy. The Customer acknowledges that notice to MWB of its intent to resell the Services is an acceptance of this clause. The Customer may, however, share the services with third parties without cost. The Customer acknowledges that liability for any use or misuse of the shared services shall rest with the Customer.
Misuse of Service
Consumers shall 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, emails, materials or any other form that are obscene, threatening or otherwise contrary to applicable laws or regulation.
Dishonest Churning
If you are a new customer asking for broadband service, we may choose to investigate your payment history with your last provider before granting you service. For this reason, you may need to provide proof of your identity. Consumers are not allowed to ‘switch’ service to another operator without settling all valid payment arrears for any services already provided by their last operator.
SECTION 6 PROTECTION OF CONSUMER INFORMATION
Purpose
The purpose of this section is to reaffirm our obligation to the privacy, security and protection of consumers’ information. MegaMore also recognizes its responsibility in instances of permitted disclosure of consumer information in certain instances of the “authorized interception of communications” by the Commission.
General principles and Access to Policy
Full details of our Privacy Policy can be made available by writing to us or through our website
www.megamorebroadband.com – www.megamore.ng
We take reasonable and strict care to prevent any unauthorized access to Consumers’ personal information. We use personal information that we collect from customers in accordance with strict procedures and laws of Federal Republic of Nigeria. We may make changes to our Privacy Policy from time to time. Your continuing use of the MWB services indicates your agreement to the use of your personal information as set out in this Privacy Policy.
Collection and Use of Consumer Information
MegaMore may collect information and/or details relating to a customer only if relevant and necessary for the provision of the service or product that MWB provide, or for other legitimate purposes which shall be made known to the customer prior to the time the details are collected, or for permitted purposes which include but not limited to:
• MegaMore process of orders, internal marketing, billing or other purposes necessary for the provision of the service; and/or Communicate with you about how to use the service and let you know about any changes to the service.
• Purposes made known to the customer prior to the time the details are collected;
• Other purposes with the prior consent of the customer whether given expressly or impliedly.
• Publish your details in our directory, provide directory enquiry service or information to the regulator, NCC and other authorized government agencies
• Prevent and detect criminal activity, fraud, misuse of or damage to our network and prosecute and sue those responsible.
• If MegaMore be required to disclose confidential information about a customer where disclosure is mandated or required. Instances of this include; where disclosure is required by Law or by a Court of Law; where disclosure is required by a statutory organization (such as the Police); where disclosure is required by a regulatory body (such as the Commission); or where disclosure is in the Public Interest or in the interest of the Company to disclose.
Implementation of a “Protection of Consumer Information Policy”
MegaMore is committed to the protection of our customers’ confidential information and ensuring the prevention of unauthorized access and use of such information. We act appropriately, applying both technological and organizational measures to protect Confidential Information made available to us.
At MegaMore, we go beyond the legal requirements for the protection of customer information and adopt measures that reflect high ethical standards, which exceed legal and regulatory requirements. MWB will take all reasonable steps, having regard to the nature of the information, to ensure that information collected in relation to a customer:
• To the extent that it comprises business records or details in relation to a particular individual, can be checked by the customer.
• Is factual to the extent disclosed by the customer and recorded consistently, and if necessary, kept up to date.
• Is kept secure, both by technological means and by the application of organizational procedure.
• Is disclosed only in accordance with firmly established procedure and with appropriate care.
MegaMore and its employees shall not disclose any proprietary or confidential information obtained in the course of the provision of its services or products to a customer, to a third party, without the consent of the customer or in instances of permitted usage.
MegaMore employees sign on to MegaMore internal code on the protection of confidential information, which creates an obligation on each employee to ensure compliance with the company’s policy on confidentiality.
Maintaining Data Quality
We take due care in ensuring that personal information provided by you are retained and processed in a manner that ensures that this information is accurate, relevant and current for the purpose for which it is to be used for.
Roles and Responsibilities of the Regulatory Department
All external requests for subscriber information in accordance with these provisions shall be addressed to:
The General Counsel,
Legal and Regulatory Department
MegaMore Wireless Broadband Limited
9 Zango Road, Gate B
Dakata, Kano State
Nigeria
SECTION 7 COMPLAINTS HANDLING PROCEDURES
MegaMore Maintains Customer Complaints Handling procedures. All customer complaint(s) shall be treated with the highest degree of professionalism by MWB’s customer facing staff and with deference to the customer’s right to complain.
SECTION 7 COMPLAINTS HANDLING PROCEDURES
MegaMore Maintains Customer Complaints Handling procedures. All customer complaint(s) shall be treated with the highest degree of professionalism by MWB’s customer facing staff and with deference to the customer’s right to complain.
Information to Consumers
Information on MegaMore complaint handling processes is provided in various media and formats and is easily understandable; Such process shall contain Information to customers about their right to complain; on how MWB may be contacted in order to make a complaint; and on types of supporting information including documents would be required when the customer is making a complaint.
Special Needs
MegaMore is aware of its legal and moral obligations to special needs customers. We offer a number of different services for our customers with special needs. These services are designed to not only meet the demands of the current regulations, but to also enable us to offer the best possible service to these customers.
Complaint Processes
Through Consumer Feedback MWB will be able to review and improve the overall services it provide. Any dissatisfied customer is highly encouraged to/shall contact MegaMore Customer Support to report their experience in line with the Guidelines of Escalation Procedures.
MegaMore shall provide customers’ access to contact its complaint-handling desk, operating 24/7, via email to [email protected], phone and WhatsApp 08152525222 – 08077770470 or via complaint form on our website. Access to information on frequently asked questions and product and services information shall be communicated via internet on megamorebroadband.com. Billing complaints shall be emailed to [email protected] or call account manager.
Megamore shall acknowledge written complaints and act on these within times frames set out in the Commission’s Quality of Service Regulations (or as otherwise directed by the Commission from time to time). MWB shall take reasonable efforts to ensure that the response to the complaints is in the manner requested by the customer. Non-written complaints shall be taken as acknowledged by at the time the complaint is communicated to MegaMore.
Where possible, MegaMore shall advise a customer when a complaint is made, of the expected actions and timing for investigating and resolving the complaint. In the event that MWB regards the complaint as frivolous or vexatious, the customer shall be informed accordingly and if dissatisfied the customer shall have the further recourse described below.
MegaMore shall provide its customers with sufficient information and the means to inquire on the progress of complaints made and shall advise the customer of the outcome of the investigation of their complaint, and any resulting decision.
• All records pertaining to customer requests received would be logged on a database and the information therein will be archived from time to time and stored to enable ease of retrieval for future reference.
• All logged queries shall carry a reference number, which the customer or Customer handling staff can use to call up the query at any time in the future.
Charges
Complaint handling processes shall be provided free of charge. However, we 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. Any such charges shall be identified, communicated and agreed with the customer before we bill for it.
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 when contacting the technical support or Customer Service, consumer may escalate the complaint to following or via email [email protected] :
The Company Secretary
Megamore Wireless Broadband Limited
9 Zango Road, Gate B
Dakata, Kano
Nigeria
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.
• The Commission offers a simple, quick, informal and inexpensive arbitration scheme under the Nigerian Communication Commission Dispute Resolution Guidelines 2004.
• A customer who is dissatisfied with the outcome of the Main One 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
• 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.
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.
Changes to complaint handling processes
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.megamorebroadband.com
Retention of Records
Information collated and recorded by 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 complaint.
SECTION 8 CODE COMPLIANCE
MEGAMORE Responsibilities
MegaMore 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.
Compliance Monitoring and Reporting
As a customer-centric organization, MWB 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.
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.
MegaMore 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.
Industry Complaints
MegaMore 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 MegaMore 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 MegaMore 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).
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 MegaMore her customers or between MegaMore and other providers.
Consistent with its commitment to ensure full compliance with all statutory and regulatory instruments, MegaMore 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.
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.
Confidentiality
MegaMore 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, MegaMore shall observe the confidentiality obligations set out in this Code in the resolution of disputes.
SECTION 9 CONSUMER OBLIGATIONS AND ACCEPTABLE USE POLICY
To enable us provide the highest quality of service to our customers, MegaMore will request its esteemed customers to faithfully comply with relevant statutory and regulatory instruments governing the use of telecommunication facilities. For the purpose of this Code of Consumer Practice, the following obligations have been highlighted by the Commission:
• Customers are bound by MegaMore’s terms of service which they have signed and returned to Main One or which they have clearly accepted, either by accepting the terms of service or by receiving service after its terms have been provided to the customer.
• Customers are not authorized to re-sell any service provided by MegaMore 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.
MegaMore cannot 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 MegaMore’s Internet’s standing in the wider Internet community.
MegaMore 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 through MWB Internet, or termination of the customer’s account(s).
For the guidance of customers on what MegaMore Internet considers to be unacceptable, some general issues are addressed below. Please note that MegaMore 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 MegaMore. 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 MegaMore’s Internet’s servers, i.e. you can only pass email from such a system to MegaMore Internet where this is the correct destination for final delivery.
Any decision MegaMore makes in relation to its services will be final on all matters
The customer shall not:
• 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 MegaMore or any network to which the Customer may be permitted access;
• Obtain or seek to obtain access to or interfere with any programs or data maintained by MWB.
• Develop or use programs which adversely affect or impact other customers, the Services, the Internet or any computer network;
• 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;
• Utilize the Services and the Internet for any purpose which is contrary to the laws of any government having jurisdiction over MegaMore 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 MegaMore.