CHOICE2MOBILE TECHNOLOGY LIMITED CODE OF PRACTICE DOCUMENT
1. INTRODUCTION
Choice2mobile Technology Limited, owners of the brand ‘Wifiber’, is a telecommunications infrastructure provider in Nigeria. Choice2mobile Technology Limited is regulated by the Nigerian Communications Commission (NCC).
This code of Practice is issued under the Consumer Code of Practice Regulations 2007. The matters which the code aims to address shall include but not be limited to the under-listed matters: Reasonable meeting of Consumer requirements, Handling of Consumer complaints and disputes, Consumer compensation in case of breach, Protection of information, Billing, etc.
This code of Practice applies to all the Service provider’s offers. Software, websites, social networks, app stores, and updates are all part of this. Please review both the Privacy Policy and the Code of Practice, with the latter taking precedence in the event of a conflict.
To use all service and product offerings, Consumers must accept the Service Provider’s Code of Practice. By using Service Provider products, services, or platforms, Consumers agree to the Code of Practice. If the Consumer does not agree with the terms of this agreement, they must cease using the Service Provider’s products, services, and platforms and return all related materials.
2. EFFECTIVE DATE
This Agreement’s Effective Date is the last updated date, which is 13th December 2023. Thus, old, and new Consumers who use this Agreement’s services after its Effective Date are bound by it.
3. PROVISION OF INFORMATION TO CONSUMERS
3.1. Choice2mobile Technology Limited shall upon request provide a copy of the contract or agreement for the provision of services and such contracts shall be in clear language.
3.2. Copies of duly approved individual Codes shall be available to consumers on request.
4. PRICING INFORMATION
4.1. The contract shall not take effect until parties mutually agree on the pricing and composition thereof. Pricing components may include but are 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.
4.2. Upon payment of the sum of money stated in the invoice, this Agreement shall become binding. The invoice includes Value Added Tax (VAT), but if it is not included, the Consumer must pay it at the applicable rate(s). The service fee shall begin accruing from the moment the Service Provider activates the Consumer’s networks.
4.3. Unless the Service Provider and Consumer agree otherwise, costs are computed on a 30-day basis and must be paid before service is given. The Service Provider-specified payment methods must be used by the Consumer, and the Service Provider may charge an administration fee for bills paid in any other manner not agreed upon.
4.4. Unless otherwise agreed, the Consumer shall pay the Provider in full without set-off, counterclaim, or other deduction.
4.5. The Service Provider may invoice in arrears for unascertainable service charges. A reasonable security deposit may be required by the Service Provider for unforeseeable future charges.
4.6. The Service Provider will send a reminder if the Consumer does not pay the next subscription charge. If the Consumer fails to pay by midnight on the last day of their subscription, the Service Provider will suspend service.
4.7. The Service Provider lacks authority over certain services that might incur additional expenses. Furthermore, third-party operators reserve the right to occasionally raise their fees to the Service Providers. In the event of such fee increases, the Service Provider will promptly inform the Consumer and retain the right to adjust its charges accordingly for the corresponding Service.
4.8. Once the Consumer pays for the services, they cannot suspend or pause the 30-day subscription for any reason.
4.9. The Service Provider may change and add costs for each Service. The Service Provider will notify Consumers of the updated rates via its website or other means. Consumer charges will change on their next subscription period.
4.10. Extra charges or varied charges may be imposed in the circumstances brought about by a Consumer request for
4.10.1. a change in the scope of service rendered
4.10.2. a change of address or location for the Services to be rendered to the Consumer
4.10.3. a change in any particular specification of service to be rendered to the Consumer
5. ACTION ON DISPUTED CHARGES
5.1. Where a Consumer has initiated a complaint through the laid down process and the investigation is ongoing, the Service Provider shall be estopped from taking any action with regards to credit management action or disconnection of installed equipment or related apparatus pending the resolution of the dispute.
5.2. The Consumer is required to pay any outstanding amounts, excluding the disputed amount, in case of an unresolved complaint or billing dispute. The Service Provider cannot levy any extra fees, such as credit management fees or interest until the disagreement is settled.
6. TIMING FOR ISSUANCE OF BILL
6.1. The Consumer must submit a Service Request form on the Service Provider’s website to receive services. The nature of the service will be determined based on the Consumer’s chosen pricing and package. The minimum duration for subscription is 30 days and this period starts when the service is activated. The provision of service is dependent on the Consumer’s request and its acceptance by the Service Provider. The Service Provider will acknowledge the Consumer’s request form, but it does not mean the request is accepted. The Service Provider will only accept the request after sending an invoice and receiving payment from the Consumer as stated in the invoice.
6.2. The Service Provider shall issue bills and include all charges incurred within the specified billing period within 30 days of the closure of each billing period.
6.3. Exceptions may occur whereby all charges are not included on the invoice as a result of a separate agreement between the parties, or any other reason.
7. RECEIPT AND CONSUMER PAYMENT ADVICE
The Service Provider shall make available appropriate and accessible methods of verification of bill payment by the Consumer.
8. BILLING INFORMATION
The following information shall be contained in invoices issued to the Consumer:
a. the Consumer’s billing name and address ;
b. the Service Provider’s current business name, address and registered number ;
c. the Unique identification or invoice number ;
d. the Date of invoice and the billing period ;
e. a description of services provided by the Service Provider for which the Consumer is charged
f. the 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
g. the payment/refund due date
h. the method of payment
i. the method of contact for complaints and billing inquiries.
9. ITEMIZATION OF CHARGES
The Service Provider shall ensure that consumers have access to itemised details of all charges either on the bill or on a separate statement provided to the Consumer upon request.
10. BILLING FREQUENCY
The Consumer shall be provided with sufficient and advance written notification of any proposed changes to the billing period. The advance written notification shall be deemed sufficient by parties where it provides a minimum notification period of twice the usual billing period(s).
11. NON-PAYMENT OF BILLS
11.1. In the event of non-payment of bills to the Service Provider, the Service Provider shall take necessary measures (which include but are not limited to referring the issue of non-payment by the consumer to the NCC) to effect such payment or disconnect the consumer’s equipment.
11.2. The Service Provider can impose late fees or interest, along with other legal remedies for any overdue repayment. If the Consumer owes money for services, the Service Provider can send a bill outside of the monthly billing cycle, especially if the amount is significantly larger than expected.
11.3. Necessary measures as referred to above shall be commensurate and not unduly discriminatory.
12. DESCRIPTION OF SERVICES
12.1. Residential/Home Plans: A wide range of service plans for homes is offered. All Home plans offer fast, reliable internet. Consumers can download, upload, stream, game, and more. Home plans are strictly for home use only.
12.2. SME plans: The SME plans target SMEs or small offices and give this class of business Consumers an edge over other competitors in the industry.
12.3. Enterprise plans: A dedicated internet service is provided to business enterprises that want bespoke internet service through radio or fibre (industry-leading cable technology).
13. CONTRACT TERMS AND TERMINATIONS
13.1. Consumers entering into infrastructure sharing contracts with the Service Provider will be provided with a detailed contract. This contract will incorporate standard clauses related to the commencement date, minimum contract term (where applicable), manner and consequence of premature termination, calculation basis for payment of any penalty, situations where early termination may be permitted, renewal terms, installation, connection, decommission terms, and refund policies.
13.2. Furthermore, all terms and conditions of a contract regarding the provisions of any of our services shall be clearly stated in the contract or agreement in clear and plain language.
13.3. Infrastructure sharing Contracts refer to specific contracts entered into between the Service Provider and consumers or entities that pertain to the shared use of the Service Provider’s telecommunications or network infrastructure, including but not limited to network equipment, physical infrastructure, or services.
14. PRODUCT WARRANTIES & MAINTENANCE
The Service Provider guarantees that Consumer-purchased or leased equipment will work properly and not have design, manufacture, or material defects. The Service Provider is not liable for equipment damage caused by negligence, misuse, or not following instructions.
15. PROVISIONING OF SERVICE
15.1. The Service Provider’s website, sales or Consumer service line, or email can be used for service requests.
15.2. The Service Provider’s price list would require the Consumer to pay for CPE, setup and at least one month’s subscription for any chosen plan. Consumer service is activated after the Service Provider completes the installation.
15.3. The Consumer must follow all reasonable Service Provider directions and allow access to their premises when needed. The Consumer also undertakes to seek third-party authorization if the Service Provider needs access to their land, site, or premises to install internet equipment.
15.4. A Consumer’s use of the Service Provider’s free services, applications, and features will expire when the contract ends.
15.5. The Service Provider shall work at the Consumer’s premises Monday through Saturday from 8:00 a.m. to 6:00 p.m., excluding Sundays and Public Holidays. The Service Provider may deny Consumer requests for work outside these hours.
16. CONSUMER’S REPRESENTATIONS
The Consumer represents and warrants that:
a. All information submitted by the Consumer will be true, accurate, current, and complete;
b. The Consumer is responsible for ensuring the accuracy of the provided information and promptly updating it when necessary;
c. The Consumer is of legal age and agrees to this Code of Practice;
d. The service provider can stop delivering services, cancel the agreement, and deny future services if the consumer provides incorrect, outdated, or incomplete information.
17. SERVICE PROVIDER’S OBLIGATIONS
17.1. The Service Provider will deliver the Consumer’s ordered and subscribed Services.
17.2. The Service Provider shall perform the Services with reasonable skill and care.
17.3. The Service Provider has the right to improve or adjust the Services as it sees fit, provided such modifications do not fundamentally change the nature of the service.
17.4. The Service Provider is not responsible for Consumer material submitted through its service or network.
17.5. The Service Provider is not liable for any action by the Consumer on a third-party service through the use of its service or network, or any activity on the Consumer’s account by the Consumer or any third party with the Consumer’s enablement.
18. CONSUMER’S OBLIGATIONS
The Consumer shall always:
a. Comply with any reasonable directions or instructions (including requests for help or information) from the Service Provider about the services provided
b. Pay the Service Provider’s Charges under this Agreement on or before the due date without setoff or deduction;
c. Avoid using equipment or facilities for non-service reasons.
d. Not modify or attach any unauthorised device to the Service Provider’s equipment or facilities without prior written authorization;
e. Avoid using equipment that interrupts the Service Provider’s network. Any equipment or device that intercepts aids in intercepting, or receives Service Provider services requires authorization
f. Be responsible for any loss or damage to equipment or facilities caused by actions contrary to the Code of Practice
g. Indemnify and hold harmless the Service Provider against all liabilities, claims, damages, losses, costs, and proceedings howsoever arising from any improper use of the Services or any equipment or other breach of the Agreement. This includes covering any expenses the Service Provider incurs while investigating or defending itself against such issues
h. Indemnify and hold harmless the Service Provider against all liabilities, claims, damages, losses, costs, and proceedings howsoever arising from a claim by a third party where the third party claims it has the right to prevent the Consumer from using the service rendered by the Service Provider;
i. Get all relevant licences, permits, and permissions and allow the Service Provider, its agents, or subcontractors to enter the Consumer’s premises and work in a safe and adequate environment. Provide the Service Provider with any required support and information
j. Alert the Service Provider of any security threats to the Services;
k. Maintain the CPE.
l. Grant the Service Provider, its agents, employees, contractors, or authorised representatives, without charge, access to premises, equipment, or facilities as reasonably required for any provisioning or maintenance of services, equipment, or facilities
m. Undertake not to assign or otherwise transfer this Agreement or rights hereunder. The Consumer agrees not to resell the Services without the Service Provider’s explicit authorization. Any attempt to assign or transfer is void and a fundamental breach of this Agreement;
n. The Consumer is responsible for safeguarding the password used to access the service and for any activities or actions under the Consumer’s password, whether for the Service Provider’s services or a Third-Party Service. The Consumer is solely responsible for safeguarding its data by taking backup copies, maintaining a disaster recovery process, and any other means it deems appropriate. The Consumer must notify the Service Provider immediately of any security breach or unauthorised use of its account.
19. ACCEPTABLE USE POLICY
19.1. The Consumer agrees that the Service Provider has legal and ethical obligations regarding the Services. The Consumer shall not:
a. compromise the security of any telecommunications device, configuration, set-up, or computer other systems, including by introducing viruses or failing to employ appropriate security procedures
b. enable or permit unauthorised access to data stored on the Service Provider or a Telecommunications Network
c. use the services for any improper, immoral or unlawful purpose
d. harm minors in any way
e. cause a degradation of service to any other Consumer of the Service Provider
f. impersonate any person or entity, including, but not limited to, the Service Provider’s officials, forum leader, guide or host, or falsely stating or otherwise misrepresenting the Consumer’s affiliation with a person or entity
g. forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service
h. upload, post, e-mail or otherwise transmit any content that the Consumer does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or which would result in the breach of any third party’s intellectual property rights, confidential information or privacy;
i. post any content that is false or misleading;
j. compromises the security or undermines the unity, or sovereignty of Nigeria or promotes the act of terrorism;
k. instigates public disorder or interferes with an ongoing investigation.
l. send unsolicited marketing or advertising materials or “spam” messages
m. transmit or store pornographic, obscene, defamatory, menacing, offensive, nuisance, hoax, abusive, racist, or indecent material;
n. upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit computer function
o. breach or cause the Service Provider to breach any law or regulation, including Cybercrimes (Prohibition, Prevention etc.) Act, the National Identity Management Commission Act, 2007, the Nigerian Data Protection Regulation, 2019, etc.
p. overload any Telecommunications Network without reasonable notice;
q. cause the Service Provider to lose or violate its authorization to supply Services
r. “stalk,” cyberbully, or otherwise harass any party, person, or entity;
s. cause any physical or psychological harm to another user directly or indirectly
t. unauthorised access or attempts to gain unauthorised access to any computer system, network, or data
u. excessively use of network resources by running servers, hosting websites, or using automated programs that generate excessive traffic
v. steal or store user data.
19.2. For violations of these policies, the Service Provider may remove any content that violates this Agreement, suspend or terminate this Agreement and the Consumer’s use of the Service, and cooperate with law enforcement officials by providing whatever information may be requested upon presentation by such officials of appropriate authorization from a court having jurisdiction.
19.3. The Service Provider has no obligation to monitor or control such activity and is not liable for any party’s breach of these policies.
20. ADVERTISING OF PACKAGED SERVICES
20.1. The Consumer shall be entitled to the supply of all components of a serviced package where the Host has marketed the provision of its service as part of a package.
20.2. Appropriate information to potential consumers shall be included in marketing materials by the Service Provider where it may be unlikely to supply any component of the service package.
20.3. The marketing materials may contain information on the pricing of the component of a service package; where this is so, 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.
21. FAIR USE POLICY
21.1. The Policy
A Fair Use Policy ensures a high-quality online experience for all Consumers. This policy prevents abuse, network congestion, and disruptions by defining appropriate service use. Consumers accept this Fair Use Policy by using the services. Account suspension or termination may occur for violating this policy.
21.2. Bandwidth Usage
a. The Service Provider allocates bandwidth to each Consumer to ensure fair and equitable access to our network. This policy prohibits excessive or persistent bandwidth usage that degrades network performance. Our judgement will determine excessive bandwidth usage based on usual usage patterns and network capacity.
b. To ensure fair access for all users, the Service Provider may limit data speeds, temporarily cease service, or take other technological measures.
21.3. Network Management
a. The Service Provider may use reasonable network management methods to reduce congestion and ensure a consistent level of service. Rate limitation, traffic shaping, and traffic prioritisation are some examples. These steps prioritise network quality and performance.
b. The Service Provider may temporarily or permanently restrict the use of apps, protocols, or services that may impact network performance or security. Considering the impact on our network and other users, these limits will be acceptable and required.
22. CONSUMER’S SUBMISSIONS
22.1. The Consumer agrees that any feedback, suggestions, comments, or other information (‘Submissions’) made to the Service Provider about its services will be the Service Provider’s sole property and non-confidential. The Service Provider can use and disseminate these submissions for any legal reason, including commercial ones, without acknowledging or compensating the Consumer.
22.2. The Consumer waives all moral rights to these submissions and warrants that they are original or have the right to make them. The Consumer agrees that the Service Provider is not liable for any Submission proprietary right infringement or misappropriation.
23. HARASSMENT AND ABUSE
23.1. Technicians’ Professionalism: The Service Provider’s technicians and agents are trained to provide excellent service to Consumers. All interactions are professional, respectful, and courteous. Consumers should notify the Service Provider promptly if a representative or technician acts unprofessionally or rudely. The Service Provider will take such incidents seriously and act quickly to resolve them.
23.2. Zero Tolerance Policy: The Service Provider prioritises Consumer and agent/technician safety. The Service Provider aims to provide a secure environment during service visits. To ensure smooth service, Consumers must cooperate with agents and technicians.
23.3. Harassment Prohibition: Any form of harassment, including but not limited to verbal, physical, or psychological abuse, intimidation, threats, discrimination, or offensive behaviour, directed towards the technicians or agents will not be tolerated. Technicians and agents must promptly report any harassment or dangerous conditions during service visits to the Service Provider.
23.4. Investigation and Consequences: The Service Provider shall thoroughly investigate all reported harassment or unsafe behaviours towards technicians and agents. Consumers who violate this condition may be subject to legal action and service termination.
23.5. Right to Refuse Service: Technicians and agents have the right to refuse service and depart if a Consumer or other person at the Consumer’s premises is disrespectful, hostile, or unsafe. The Service Provider will not be liable for any delays or disruptions resulting from such refusals.
23.6. Respect for Professionalism: While performing their duties, the technicians and agents may need to access certain areas on the Consumer’s premises related to the services being provided. Consumers are expected to respect the professionalism of the technicians and agents, and not impede their work.
24. SERVICE LEVEL AGREEMENT: SERVICE LEVEL, TARGETS AND MANAGEMENT
24.1. Exclusions: Outages, downtime, or non-conformity to this Agreement due to one or more of the following factors do not count against the Service Provider:
24.1.1. Failure to notify the Service Provider of a service outage;
24.1.2. Any act or omission by the Consumer that contradicts this Term of Service or instructions for service use without prior written authorization from the service provider;
24.1.3. Consumer sabotage or negligence;
24.1.4. Planned and agreed outages and maintenance windows for which the Consumer was notified in advance;
24.1.5. Non-availability of power supply or other deficiency in the Consumers’ infrastructure;
24.1.6. Faults reported by Consumers but not found or confirmed by the Service Provider;
24.1.7. Consumer issues, network and IT-related incidents, resulting from new installations, upgrades, downgrades, and shifting;
24.1.8. The Consumer not releasing the services/equipment, infrastructure, or CPE for testing and repair and using it impaired;
24.1.9. The Consumer’s refusal to provide the Service Provider, its agents, employees, or contractors access to its equipment or facilities
24.1.10. Periods where the Consumer is inaccessible to confirm the service condition after fault clearance by the Service Provider
24.1.11. Failure due to force majeure
24.1.12. Any service outage or interruption resulting from maintenance actions requested by or attributable to the Consumers
24.1.13. The Service Provider shall not be liable for failing to meet the target or agreed-upon periods or dates if the Consumer cancels the service appointments.
24.2. Service Availability
24.2.1. The Service Provider’s internet broadband services may be limited to particular areas of cities where they are offered.
24.2.2. The Service Provider will work to make the Consumer’s services available 24/7/365. The Service Provider’s objective Internet availability is 99.8%.
24.2.3. The Service Availability target will be predominantly calculated based on 30 days.
24.3. Outages, Fault Repair & Service Interruption
24.3.1. The Consumer may experience service availability limitations due to Service Provider equipment, network, or CPE issues. The Service Provider will notify the Consumer through email, SMS, or other suitable means of planned network maintenance for preventive or corrective purposes.
24.3.2. The Service Provider will resolve outages within the response target. The incident’s priority determines the service provider’s response time targets.
24.4. Incident Severity Level and Response Time Target
|
Priority of Incident |
Response Time |
Corrective Action |
|
Critical |
2 Hrs** |
8 Hrs* |
|
Non-Critical |
8 Hrs** |
48 Hrs* |
The Consumer understands and accepts that it may be necessary to extend the response time in the Incident classification matrix above due to the complexity of the incident or where it is dependent on a third party for the resolution of the incident. In such circumstances, the Service Provider shall use reasonable endeavours to eliminate or reduce the impact of the incident on the service by provision of a workaround, with a permanent correction to follow.
24.5. Incident Reporting
24.5.1. Services will be monitored and managed 24/7 with pre-emptive incident reporting to the Consumer wherever practicable.
24.5.2. The Consumer Experience Centre handles incident reporting. The Consumer must escalate any incident/outage to the Service Provider’s Consumer Experience Centre or the escalation contact points herein for a resolution. Consumer issue reports must include all information requested.
24.6. The Service Provider’s Escalation Contacts and Matrix Level
| ESCALATION LEVEL | TIMELINE | CONTACT NUMBER | |
| SUPPORT LEVEL 1 | 10 MINUTES | cs@wifiber.ng | 09087690000 |
| SUPPORT LEVEL 2 | 24HOURS | support@choice2mobiletech.com |
09168352174
(Whatsapp Only) |
| SUPPORT 3 | 48HOURS | servicemanagement@choice2mobil etech.com |
09169982846 |
24.7. Service Changes
The consumer should contact the Service Provider’s consumer Service Experience Centre to schedule service changes like adding features. However, only situations like changes needed to restore regular service operations during outages would be addressed immediately.
Consumers must write or contact the Service Provider’s Consumer Experience Center to add or remove network users. Only the Service Provider can re-add a removed user who violated the Code of Practice or Nigerian law.
24.8. Service Installation Target
24.8.1. While the job’s type may determine the installation target time, the Consumer Experience Centre or the invoice given to the Consumer will communicate the target installation date.
24.8.2. Installation is considered complete when both the Service Provider and the Consumer agree and confirm that the link being worked on or installed is fully functional.
24.9. Compensation
24.9.1. The Service Provider shall compensate the Consumer for service outages, unavailability, or missed targets.
24.9.2. An outage, downtime, or service objective failure shall be accounted for from the moment the Consumer reports it and the Service Provider confirms it.
24.9.3. The Consumer must demand compensation within 7 Working Days if the Service Provider fails to reach the targets in this Agreement. The Service Provider must be notified before the Consumer can obtain service compensation.
24.9.4. The Consumer must contact the Service Provider’s Consumer Experience Centre to request compensation. The Consumer must provide the company with the account number/service ID and name, service name (internet dedicated, etc.), date and beginning and end time of outage or failed target, a brief description of the failed target’s characteristics, and other service information requested by the Service Provider.
24.9.5. The Service Provider will assess all service compensation requests and notify the Consumer of its decision within 20 days.
24.9.6. Compensation will not be payable by the Service Provider in respect of any service level target, outage, or service unavailability, as it relates to situations that fall under clause 24.1 ‘Exclusions’ clause in this Agreement.
24.10. Maintenance and Upgrade Activities
24.10.1. The Service Provider may interrupt service to maintain, update, or improve software equipment or other service and network components. The Service Provider will try to minimize service downtime during maintenance.
24.10.2. The service provider will notify the Consumer at least 24 hours in advance and arrange maintenance to minimize service interruption however if the service must be interrupted to address emergency or unforeseen issues, such notice may not be practicable.
24.11. Performance Monitoring
The Service Provider shall implement measurement and monitoring tools and procedures as much as possible to measure, monitor, and report on its performance of providing the services against the applicable service levels at a level of detail sufficient to verify compliance with this Agreement.
24.12. Warranty
The Service Provider does not guarantee service levels or performance outside of this Agreement. Thus, a Consumer should notify the Service Provider if they need their products or services to be fit for a specific purpose.
25. INTELLECTUAL PROPERTY
25.1. This Agreement does not transfer intellectual property from one party to the other.
25.2. The Consumer and Service Provider cannot use, assign, or otherwise use the other’s intellectual property rights without express consent.
26. INDEMNITY
26.1. Agent/Technician’s Standard of Care: The Service Provider’s technicians and agents are trained specialists who provide high-quality services. In the unlikely occasion that the agents or technicians’ negligence, mistake or intentional act causes damage at the Consumer’s premises, the Service Provider will take full responsibility for it.
26.2. Incident Reporting: The Consumer must report any damage to our Consumer support department immediately after they become aware of the damage and while our agents or technicians are still within the Consumer’s premises. If you fail to report the damage within that time range, the Service Provider may be unable to properly investigate and fix the problem.
26.3. Investigation and Resolution: Upon receiving the report of damages, the Service Provider will immediately evaluate the situation and determine if the losses were caused by our agent or technician. If the Service Provider’s agents or technicians are found to be at fault, the Service Provider will take immediate steps to remedy the situation.
26.4. Limitation of obligation: the Service Provider will assume full responsibility for damages caused by agents or technicians’ negligence, mistake, or intentional acts and omission, but the obligation is limited to the cost of fixing the damaged property to its pre-incident condition or, at our option, payment for reasonable repairs. The Service Provider will not be liable for indirect, consequential, or special damages.
26.5. Consumer Cooperation: The Consumer promises to fully cooperate with all necessary incident investigations and submit any relevant information or documentation to facilitate a fair and fast settlement.
26.6. Indemnification: Each Party will indemnify the other from third-party claims and expenses (including legal fees and court costs) related to damage to tangible property, personal injury, or death caused by the indemnifying Party’s gross negligence or willful misconduct, provided that the indemnifying Party has sole control over the defence and settlement of such claim. The Party seeking indemnity shall offer prompt written notice of any actual or threatened claim and cooperate fully with the indemnifying Party at its expense. If the indemnified Party engages its counsel or other advisors in connection with any such claim, the costs thereof shall be borne exclusively by the indemnified Party.
27. SPECIAL NEEDS
27.1. The Policy
a. Adequate provisions shall be made by the Service Provider to ensure that people with special needs can access the complaint-handling processes.
b. The Service Provider shall use its best endeavours to provide reasonable assistance to the Consumer who may request assistance with lodging complaints.
c. Consumers with a disability will be allowed to subscribe to the service via an authorized representative.
d. The Service Provider understands its legal and moral responsibility to Consumers living with a disability. The Service Provider offers many special needs services. These services meet current regulations and allow the Service Provider to give Consumers the finest service.
27.2. Priority fault repair: If a special needs Consumer needs urgent repair, their service is restored first.
27.3. Bill payment: Consumers with disabilities who rely on our services have the option to designate a representative to assist them with managing bills and their overall account. This designated individual is authorized to:
a. receive invoices and bills
b. answer service provider inquiries about bill payment
c. pay the bill for the Consumer.
27.4. Consumers with special needs must register with the Service Provider’s Consumer Experience Center as such before using any of such services.
28. COMPLAINTS HANDLING
28.1. Feedback Processing
Dissatisfied Consumers should contact the Service Provider. The Service Provider reviews and improves its service based on Consumer input. The Service Provider will fully, fairly, and promptly resolve all complaints. Consumers seeking a written response are advised to request one from the Service Provider. The Service Provider’s service desk is available 24/7 by phone and email.
Choice2mobile Technology Consumers can reach the support desk via;
Telephone: +234-1-8883939, +234-9087690000
Website: www.choice2mobiletech.com
Whatsapp: 09168352174
Email: support@choice2mobiletech.com; cs@wifiber.ng
The Service Provider has a unique way of handling Consumer Complaints, guided by its Core Values through efficient service support: focusing more on Service Preventive actions than corrective actions as we target zero downtime; ensuring “Excellent Service delivery,” focusing on understanding Consumer requirements to deliver quality service at every stage in service deployment;
a. reacting to Consumer Complaints 24/7*365 days and providing fast feedback on service restoration/plans;
b. safeguarding Consumer information and data security following Nigerian Law;
c. actively responding to diverse market/technology demands.
To further ensure that the Service Provider is connected and available to solve Consumers’ complaints, the Consumer’s complaint recording tools are always in good working condition and the complaints tracking data are periodically categorized and analyzed by technical staff to identify recurring problems.
The Consumer’s service ID and complaint summary are required before contacting the Service Provider’s support desk or Consumer Experience Centre for complaints to be speedily resolved.
28.2. Contacting the Consumer
Service Providers contact Consumers, when necessary, through the contact details supplied by Consumers. The Service Provider may contact a Consumer to report the results of an investigation into a pending complaint.
28.3. Complaint Handling Charges
Complaint handling processes shall be provided free of charge. However, the Service Provider may impose a charge for a reasonable cause. Any such charges shall be agreed upon with the Consumer before billing.
29. FURTHER RECOURSE
In addition to the complaint process set up by the Service Provider, the Consumer reserves the right to escalate unsatisfactory resolved or unresolved disputes to the NCC.
The Service Provider shall inform the consumer after 60 days of non-resolution of the complaint to the satisfaction of the consumer to proceed to refer the complaint to the NCC.
30. INTERNAL DATA COLLECTION AND ANALYSIS
The Service Provider shall ensure the availability of an 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.
31. CHANGES TO COMPLAINT HANDLING PROCESS
The Service Provider shall from time to time and as may be required by law, review its complaint handling process. Revised and updated information will be posted on its website.
32. RETENTION OF RECORDS
The 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 the resolution of the Consumer complaint.
33. OWNERSHIP
33.1. Unless otherwise is stated, the consumer owns the CPE. Hence the Consumer shall be responsible for the maintenance or repair of any equipment or CPE, and the usage of the CPE. The Consumer is thereby advised to take due care in using the CPE.
34. CONFIDENTIALITY
Even after this Agreement ends, the parties agree to keep each other’s sensitive and proprietary information confidential. At the other party’s request, each party shall return or destroy Confidential/Proprietary Information received from the other.
35. LIMITATION OF LIABILITY
35.1. This Agreement does not exclude liability for death or personal damage caused by a Party’s negligence. Except as stated in this Agreement, each Party’s responsibility to the other in contract, tort (including negligence), or otherwise is limited to direct, proven damages. If both Parties contributed to a loss, damage, injury, etc., the obligations, claims, and costs will be apportioned.
35.2. The service and its components are offered “AS IS” and “AS AVAILABLE” unless otherwise noted. The Service Provider disclaims all express and implied warranties, including merchantability, title, fitness for a specific
purpose, and non-infringement, to the fullest extent permissible by law. The Service Provider makes no commitments about the Internet or any data, product or service rendered by the Internet within the services
35.3. The Service Provider furthermore disclaims assurance that;
a. the services will meet the Consumer’s requirements or will be constantly available, uninterrupted, timely, secure, or error-free;
b. the results that may be obtained from the use of the services will be effective, accurate, or reliable;
c. the quality of the services will meet the Consumer’s expectations; or that
d. any errors or defects in the services will be corrected.
35.4. The Service Provider is not responsible for Third-Party services accessed through its services or network, including their content, accuracy, offensiveness, opinions, reliability, privacy practises, or other policies, and does not monitor, or check for accuracy, appropriateness, or completeness.
35.5. The Consumer should evaluate the terms and policies, including privacy and data gathering practises, of any website browsed using the Service Provider’s services or any applications used or installed with the service or network.
35.6. The Service Provider is not responsible for purchases made through Third-Party links or websites.
35.7. The Service Provider is not responsible for the availability of the information and/or programs it allows to be used within the scope of the Services, nor for the content, form, reliability, or accuracy of the data, nor for any failure in the transfer, or defect in the content, of the information, or for incongruity between the data received in the Company’s computer and the data received by the Consumer. The Service Provider is not liable for any direct or indirect damage/loss/expense caused by the aforesaid.
35.8. The Consumer acknowledges and agrees that the Services, by their nature, are prone to interruptions and/or disturbances, that the Service does not commit to providing the Services continuously and without interruptions, and that the agreed-upon bandwidth is not necessarily the bandwidth that the Consumer may use at all times and is based on the Consumer’s actual usage of the Services, its end equipment, etc.
35.9. The service provider shall not be liable for any act or omission of third parties, such as other information suppliers and service providers, manufacturers of information security software, router manufacturers, etc.
35.10. The Service Provider is not liable for telecommunications/internet network damage caused by Consumer-provided equipment, devices, materials, etc.
35.11. The Service Provider is not responsible for safeguarding information and data exchanged inside the Services or for any damage/loss/expense caused by them. The Service Provider is not liable for damage/loss/expense caused by the Consumer’s failure to secure and protect its systems and equipment, including hacking.
35.12. The Service Provider is not responsible for the content, messages, and design of the Consumer’s websites that it hosts (hosting), including messages transmitted to/from such websites, and shall not be liable for any damage/loss/expense resulting from such websites, including infringement of copyrights, trademarks, trade secrets, patents, designs, and/or privacy.
35.13. For clarity, the Service Provider is not accountable for any infringement of intellectual property rights, including trademarks and trade secrets, related to the right of use given for addresses, including domain names and email addresses.
35.14. The Service Provider is not liable for Consumer- or third-party-caused software distribution and malware damages.
35.15. Nothing herein restricts the Service Provider’s ability to sue the Consumer for any breach of the Agreement or legislation that caused damage to the Service Provider.
35.16. A Consumer’s use of third-party services is governed only by their agreements with those providers.
36. ENDORSEMENTS
36.1. All product and service marks contained on or associated with the service that are not the Service Provider’s marks are the trademarks of their respective owners. Unless expressly stated, reference to third-party brands, marks, products, or services or hypertext connections to third-party sites or information do not imply the Service Provider’s endorsement, sponsorship, or recommendation.
36.2. The Consumer undertakes all third-party service or material risks. If the Consumer uses third-party services or materials that directly compete with, conflict with, or negatively damage the Service Provider’s services, this agreement will terminate. The Consumer agrees to compensate and reimburse the Service Provider for any costs or losses incurred by using third-party products or services.
37. ADDRESSES AND NOTICES
37.1. Any notice or demand must be in writing, signed by the parties, and sent, hand-delivered, or emailed to the parties’ last known addresses.
37.2. The Consumer’s addresses under this Agreement are those listed in the Service Request Form or those provided to the Service Provider in writing.
38. Without prejudice to the Service Provider’s Privacy Policy, the Consumer gives consent that the Service Provider’s email address and/or any other email address or phone number provided by the Consumer will be used by the Service Provider, at its sole discretion, for every notice according to this Agreement and/or required by law, including notices for Service tariff changes, invoices, and periodic bills.
39. TERMINATION
39.1. Without prejudice to the rest of this Agreement, either Party may terminate a Service upon the following grounds:
a. where the Service Provider is required by law (where its services become unlawful or no longer commercially viable);
b. by writing a 30-day notice;
c. by notice, if the other Party has committed a material breach which is incapable of remedy;
d. by notice, if the other Party commits a substantial breach capable of correction but fails to remedy it within five Business Days of being notified;
e. by notice if force majeure causes service outage and no durable solution for more than 2 months;
f. by prior notice if there are reasonable reasons to think the service is being used for fraudulent or illegal purposes or if it has been suspended for two consecutive months for breaching the Agreement. If the Consumer does not notify the Service Provider that the issue has been resolved, or if the Service Provider finds that the violation is still ongoing or may occur again, the Service Provider may terminate this Agreement or the relevant Service without further recourse to the Consumer.
39.2. The Consumer must return any Service Provider property, including the leased CPE, if this Agreement is terminated for any reason, and must allow the Service Provider or its agents, employees, contractors, and Consumers to enter its sites/premises to remove any or all Service Provider equipment.
40. DISPUTE RESOLUTION
40.1. This Agreement’s construction, legality, interpretation, enforceability, and breach shall be settled amicably by the parties.
40.2. If the parties cannot resolve the dispute within 30 days (or such further period as the parties shall agree in writing), the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, Chapter A18, Laws of the Federation of Nigeria 2004 (or any amendment thereto or replacement thereof) and the Arbitration Rules.
40.3. Three arbitrators form the tribunal.
40.4. Parties might also refer the matter to the Lagos State Multi-Door Court House.
40.5. If an arbitration fails, the Parties can take a case to court.
41. MISCELLANEOUS
41.1. Advertising of Packaged Service: The Service Provider’s broadband may be bundled with value-added service.
41.2. Rule of Interpretation: No rule of interpretation applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it.
41.3. Waiver: Failure by either Party to exercise or enforce any right granted by this Agreement shall not be construed as a waiver of such right nor prohibit the exercise or enforcement thereof or of any other right on any later occasion.
41.4. Modification: The Service Provider has the authority to periodically examine and adjust this document. The Consumer must be notified about any changes made to the Code of Practice, and it shall be openly available or made public for the Consumer to access.
41.5. Force Majeure: If the Service Provider cannot fulfil its obligations due to a force majeure event, they are excused from performance for the duration of the event. The Service Provider is not liable for any failure or delay caused by a force majeure event. The affected party is not responsible for damages incurred by the other party
due to non-performance or delay. The Service Provider will cooperate and make reasonable efforts to minimize the impact of the event on their obligations. They will also attempt to resume full performance promptly after the event ends.
41.6. Jurisdiction and Applicable Law: Nigerian law governs this Agreement.
41.7. Assignability: The Service Provider may assign their rights and responsibilities, including the right to collect Consumer payments, at their discretion. Consumer rights and duties cannot be transferred.
41.8. Headings and captions are for reference only. These headings and captions do not interpret, change, or create this Agreement.
41.9. Severability: If any provision of this Agreement is illegal or unenforceable, the Agreement’s unaffected provisions will remain in effect.
41.10. Survivability: The terms and conditions of this Agreement covering confidential information, indemnification, warranties, payment, and all others that by their context are meant to survive the expiration or termination of this Agreement will survive and continue in effect.
42. INTERPRETATION
42.1. A Service Outage occurs when the service provider’s network and/or international and national transmission facilities, which are directly procured and controlled by the service provider and used to provide connectivity to the Consumer, fail and are not caused by the Consumer’s negligence.
42.2. “NCC” means Nigerian Communications Commission.
42.3. CPE means Consumer/Consumer Premises Equipment. It is any telecommunications and information technology equipment, hardware, or software kept at the Consumer’s premises or location and connected to the Service Provider’s network or designated network through a network interface on the Consumer side of the demarcation point.
42.4. Singular and plural references contain both, and gender-neutral and gender-specific words include both.
42.5. Other parts of speech and grammatical forms of a word or phrase have similar meanings.
42.6. Any phrase introduced by “includes,” “including,” “in particular,” or any similar expression must be regarded as illustrative and shall not limit the meaning of the sentences before those terms.
42.7. Any reference to a statute, statutory provision, or subordinate legislation (together “legislation”) shall (except where the context otherwise requires) include any bye-laws, licences, statutory instruments, rules, regulations, orders, notices, directions, consents, or permissions made under that legislation and any legislation that replaces, re-enacts, amends, or consolidates such legislation (with or without modification)
42.8. References to time are to Nigerian time.
42.9. A “day” is 24 hours, and an “hour” is an hour in a day.
42.10. If a period is calculated from a certain day, act, or event (such as the delivery of a notice), it must be computed without that day.
42.11. Party and Parties refer to the Service Provider and Consumer, respectively.
42.12. Consumers are individuals or organisations that subscribe to or buy Choice2mobile Technology Limited or its Affiliates’ Services or Products for use.
42.13. A user is a person or organisation that uses Choice2mobile Technology Limited platforms, products, and services, including websites, mobile apps, USSD, SMS, and other products and services.
42.14. Force Majeure includes fire, flood, explosion, accident, war, acts of terrorism, power outages, strike, embargo, governmental requirement, civil or military authority, Act of God, changes to laws or regulations, inability to secure materials or services, industrial disputes, and acts or omissions of other telecommunications service providers.
42.15. A reference to:
a. a person includes a natural person, partnership, joint venture, government agency, association, corporation, trust, or other body corporate;
b. a party includes its agents, successors, and permitted assigns;
c. a document includes all amendments or supplements to that document;
d. this Agreement includes all schedules and attachments to it;
e. a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity [or a rule of an applicable Financial Market] and is a reference to that law as amended, consolidated or replaced;
f. a statute includes any regulation, ordinance, by-law, or other subordinate legislation made under it;
g. an agreement other than this Agreement includes an undertaking, or legally enforceable arrangement or understanding whether or not in writing;