CODE OF CONDUCT
1.1 Ladysmith Wireless Solutions is licensed by the Independent Communications Authority of South Africa (“ICASA”) (the State institution that issues licences).
1.2 We are a member of the Internet Service Providers’ Association (“ISPA”) (an association that regulates service providers and protects consumers).
1.3 We fully comply with all laws including the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”).
1.4 We have developed this Code of Conduct and Service Charter in line with these Regulations and laws and will strive to follow this in our interactions with our consumers.
2. INDUSTRY CODES AND LAWS
We bind ourselves to the following:
2.1 The Code of Conduct Regulations 2008 of the Independent Communications Authority of South Africa (“ICASA”), which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers and which is available here (“the Code of Conduct Regulations 2008”).
2.2 IPSA’s official Code of Conduct, which can be viewed at http://www.ispa.org.za/code.
2.3 ICASA End-User and Subscriber Service Charter Regulations 2009, which set out minimum quality of service standards applicable to services provided to subscribers and potential subscribers and which are available here.
2.4 Section 54 of the Consumer Protection Act, which provides:
- Consumer’s rights to demand quality service.—(1) When a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to—
(a) the timely performance and completion of those services, and timely notice of any unavoidable delay in the performance of the services;
(b) the performance of the services in a manner and quality that persons are generally entitled to expect;
(c) the use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services; and
(d) the return of any property or control over any property of the consumer in at least as good a condition as it was when the consumer made it available to the supplier for the purpose of performing such services,
having regard to the circumstances of the supply, and any specific criteria or conditions agreed between the supplier and the consumer before or during the performance of the services.
(2) If a supplier fails to perform a service to the standards contemplated in subsection (1), the consumer may require the supplier to either—
(a) remedy any defect in the quality of the services performed or goods supplied; or
(b) refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.
3. KEY COMMITMENTS AS A SUPPLIER
We make the following key commitments and will endeavor to:
- Act in a fair, reasonable and responsible manner in all dealings with you;
- Ensure that all its services and products meet the specifications as contained in its licences and all the relevant laws and regulations;
- Not unfairly discriminate against or between customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;
- Display utmost courtesy and care when dealing with you;
- Provide you with information regarding services and pricing;
- Where requested to do, provide you with guidance with regard to your service needs; and
- Keep your personal information confidential unless we are:
- In possession of your written authorization to disclose the information;
- Required to release such information for the purpose of briefing our auditors, professional advisors or an accredited debt collection agency; and/or
- Otherwise authorised or required by any law or an order of Court;
You have the right to refer complaints to ICASA as more fully set out in the Complaints Procedure.
4. YOUR RIGHTS AS A CONSUMER
We recognize that you have the following rights:
- A right to be provided with the required service without unfair discrimination;
- A right to choose the service provider of your choice;
- A right to receive information in your preferred language (we will do its best to meet this request where possible);
- A right to access and question records held by us which relate to your relationship with us;
- A right to the protection of your personal data, including the right not to have personal data sold to third parties without your express permission;
- A right to port a number in terms of applicable regulations;
- A right to lodge a complaint; and
- A right to redress.
5. AVAILABILITY OF INFORMATION
The following information is contained in these terms and conditions, can be obtained from the our website http://lwsonline.net or by email request to [email protected] (with no charge) and is available for inspection at our offices during business hours:
- Our range of services/products on offer;
- Tariff rates applicable to each service offered;
- Terms and conditions applicable to such services/products;
- Payment terms;
- Billing, billing processes and the Billing Disputes Procedure;
- General Complaints Procedure, and
- Relevant contact details.
6. TERMS AND CONDITIONS OF SERVICES
6.1 We will provide you with a copy of our written terms and conditions upon finalization of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written terms and conditions thereof will be provided to you within seven (7) business days.
6.2 These written terms and conditions will contain clear provisions relating to the nature of the contract, the minimum duration of the contract, the manner and notice period for termination and any payments which may be applicable for early termination.
7. MINIMUM SERVICE STANDARDS
7.1 We will, subject to events and conduct beyond our reasonable control:
- provide a minimum of 95% network service availability measured over six (6) months;
- provide a minimum of 95% service availability measured over six (6) months;
- attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) business days of request, while meeting the balance of requests within forty (40) business days of request;
- provide full reasons to you where we are not able to meet a request for service within these time periods within seven (7) business days of receipt of request for same;
- attain a 90% success rate within seven (7) business days in meeting requests for activation of a service, while meeting the balance of requests within fifteen (15) business days of request, provided that you are within our specified coverage area;
- provide full reasons to you where we are not able to meet a request for activation within these time periods within seven (7) business days of receipt of request for same;
- maintain an average of 90% fault clearance rate for all faults reported within three (3) business days, with the balance to be cleared within six (6) business days of the reporting of the fault;
- respond within three (3) minutes (averaged over twelve months) to any call directed to the call center;
- monitor our network 24 hours a day, 7 days a week, 365 days a year.
7.2 We are directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above, and that we cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts or omissions of such third parties.
[Revision history: This code of conduct was last revised on 22 May 2016]