Consumer Code of Practice

1. INTRODUCTION
ipNX Nigeria Limited (ipNX) is fixed wireless services provider licensed by Nigerian communications Commission (NCC) to provide Internet services and a host of other value added services. 
We enable our subscribers to access the worldwide web and we provide email address and mailbox facilities. Access to these services is via our fixed wireless access broadband connection which is available in selected cities in Nigeria.

1.1 Purpose of the Code
Nigerian Communications Commission (NCC) has advised all licensed telecommunications service providers in Nigeria to provide a Consumer Code of Practice. This Code of Practice: 

• Describes the main services we provide to our customers. 
 Explains how to contact us about these services and how you can pay your bills.
 Explains the customer’s rights and obligations.
 Describes what to do if you have a complaint, how we will resolve it, and what you can do if you are not satisfied with our response.

1.2 Application of the Code
This Code applies to the provision of broadband Internet services using fixed wireless access technologies based on FWA license obtained by ipNX from NCC. It has been developed by ipNX in line with the established and published NCC’s General Code of Practice.

1.3 Code Administration 
The Code will be administered by ipNX in line with guidelines from NCC as well as reviews that are to be agreed and communicated by the Commission based on feedbacks at Consumer Forums that may be set-up by NCC from time to time.

1.4 Code Amendment
ipNX may amend this Consumer Code from time to time to conformance to set guidelines that may be required by law or by the NCC.

2. PROVISION OF INFORMATION TO CONSUMERS

2.1 General
Separate minimum periods will apply to the service we supply to you and to each other user depending on the pricing option and package you choose. The minimum service duration or period of service for iwireless Broadband is 30 days. The service will begin and the minimum period starts on the day you purchase the customer premises equipment and any other equipment required to use the service, or on the day we activate the service whichever is later.

Please note that ipNX’s iwireless Broadband service is not available in all parts of Nigeria or in every city in Nigeria and may be restricted to certain areas within those cities where service is available.

2.2 Service Contracts & Duration
Prior to activating the service, every subscriber will be expected to sign a service contract which 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. A copy of our standard Service Terms is available for download at our website http://www.ipnxnigeria.net/contracts

2.3 Description of Services

2.3.1 iwireless Broadband
Iwireless Broadband is a high speed connection to the Internet that is ‘Always On’. It gives you quick access to web sites, allows you download files quickly, make telephone calls and even send facsimile messages. We offer a wide range of service plans for homes and offices. For more information and how to buy our broadband products, visit our website at www.ipnxnigeria.net or call 01-6281111 for residential & small business customers or call 01-6280012 for enterprise customers.

2.3.2 iwireless Telephony 
iwireless telephony is our wireless fixed line telephone service delivered over iwireless broadband connection. To use the telephone service, you would normally use iwireless broadband with an analogue telephone handset. iwireless telephone will work when there is regular power supply and your broadband subscription is valid.

2.3.3 Email Services
ipNX provides email addresses and domain name registration. The details of the products available, including methods of access, numbers of addresses, amount of web space and tariffs for each service can be accessed via ipNX website, http://www.ipnxmail.net

2.4 Pricing Information

2.4.1 Retail Services (iwireless Broadband)

Our retail pricing structure for residents and small businesses is segmented by the various service plans available on the iwireless Broadband platform which can be found on this website.

2.4.2 Corporate Services
Pricing for services provided to enterprise customers are complex as per the individual requests and therefore deemed misleading if communicated before comprehending such requests.

2.4.3 Telephony
This service is currently pre-paid on the iwireless platform. Our entire call rates can be view on our website: www.ipnxnigeria.net

2.5 Contract Terms & Information
A sample of our contract terms and related information is available on our website and can be made available upon request.

2.6 Product Warranties & Maintenance
We guarantee that any equipment that we sell to you will work to the relevant specification for the minimum period of 90 days and will be free from faulty design, manufacture or materials. If at any time during the minimum period you find that the equipment is not working properly you may return it to us and we will replace (or at our option) repair it. We will not be responsible for any defects arising from fair wear and tear, accidental or wilful damage, misuse or failure to follow our instructions.

2.7 Provisioning of Service

i. To order any of our services, you can visit our retail shops in any city where we have coverage. You can also order via our website www.ipnxnigeria.net. You will have to pay for the customer premises equipment and at least one month’s subscription for any selected plan based on our product price list. Your service will be activated within 24 hours after confirming your payment.
ii. You agree to follow any reasonable instructions that we may give you relating to use of the service, and to allow us access to your premises if required. You also agree to get any permission needed from someone else if we have to use their land or put our equipment on their premises.
iii. You may chose to cancel your order at any time up to ten working days, beginning with the day after we deliver the equipment or when you have collect the equipment. If you do so, you agree to return the equipment, following our instructions and at your cost. We will refund any payment you have made for the equipment. If we have to collect the equipment, we may charge you our reasonable costs for doing so.
iv. If you are using any services, applications or features which are free of charge, these will end on the day your agreement with us ends.
v. We may also take action to manage the network's performance during periods where there is a high demand.

2.8 Fault Repair & Service Interruption

i. From time to time you may encounter problems with the service. This may be as a result of problems with our equipment, network or with equipment on your premises. ipNX shall inform subscribers via email, short message service or via any suitable medium of planned network maintenance either for preventive or corrective situations 

ii. If you experience a problem with the service you can contact our Customer Support Department. They will establish with you the cause of the problem and assist towards repairing it. They will repair the problem if it is with our equipment. They will advise you how to repair the equipment or software if it is on your premises or will suggest who you need to contact.

iii. You agree to look after your customer premises equipment. If you do not do so and the equipment is damaged, you may have to pay for it to be repaired or replaced.

iv. If you return any equipment as faulty, we may test the equipment if it is working, we will send it back to you. If we do so, we may charge you costs for our testing and postage. This does not affect your legal rights relating to equipment which is faulty or wrongly described.

2.9 Special Measures for Consumers with disability 
Consumers with disability will be allowed to subscribe for the service via an authorised representative.

3. ADVERTISING AND REPRESENTATION OF SERVICES

3.1 Advertising Practitioners Council of Nigeria (APCON)
All marketing materials shall be prepared in line with the standard adverting codes from APCON as well as the Consumer Affairs departments of NCC. Accordingly, our adverts shall be approved by these bodies before being made available on any public domain.

3.2 Availability of Service
The iwireless Broadband service is not available in all parts of Nigeria or in every city in Nigeria and may be restricted to certain areas within those cities where service is available. The service is based on microwave communications and so may be affected by geographic, atmospheric or other conditions or circumstances beyond our control.

3.3 Advertising of Packaged Service
iwireless broadband may be bundled with telephony and fax. Details are available on our pricing terms and conditions of service as shown in clause 2.4 above.

4. CONSUMER BILLING, CHARGING, COLLECTION AND CREDIT PRACTICES

i. You can settle the invoice by cash or direct payment through any of our nominated banks or by cheque provided the cheque shall mature and ipNX can earn value before your subscription expiry date. To prevent suspension, we recommend that payments via cheque should be made at least 72 hours before the service expiry date.
ii. You agree to pay all charges for the equipment and the service, including any state or federal taxes and charges, whether you use the service or someone else does. The method of payment will be cash or as we otherwise agree with you while the collections points will be any of ipNX designated offices & nominated banks as communicated in your invoice.
iii. Unless we agree otherwise, we will normally bill you upfront (in advance) for any rental charges for the service. We will bill you later for any other usage charges after the event which the charges relate to. If possible, charges will appear on your next bill, but sometimes there may be a delay.
iv. We will send any bills to your email address unless you tell us otherwise. You may also see your bills online at www.ipnxnigeria.net/myaccount. We will send your first bill shortly after we have provided the service to you for the first time. After that, we will send bills regularly. However, we may sometimes send you a bill at a different time, for example if the amount of money you owe us is considerably higher than expected.
v. You agree to pay the charges as soon as you receive your bill. You may also need to pay a deposit or a payment upfront before you can receive the service or goods.
vi. If you do not pay your bill, we will send you a reminder or call you. If we do not receive payment by 12 midnight on the last day of your existing subscription, we shall suspend the service. We may also charge you N2, 000 (two thousand Naira) by way of compensation to us for any direct debit or cheque payments which are returned to us because you do not have enough funds in your account. The charges set out in this paragraph are not subject to VAT. Further information is set out in the ipNX Price List
vii. IpNX will pursue all routes available to it to recover outstanding debt. We will send out reminder letters to follow up outstanding invoices. We will send these by email by mail to the address we have in your account details. We may suspend your service at any time for non-payment. We may instruct solicitors to recover outstanding debt.
viii. All iwireless Broadband options (including any unlimited options) are provided in line with our fair-usage policy as set out in the 'Support' section of www.ipnxnigeria.net
ix. If you constantly go over your usage guideline, we may charge you for your extra usage, upgrade you to another iwireless Broadband option that is better suited to your usage or suspend your service. You can find details of the extra usage charges in ipNX Price terms. If we upgrade you to another iwireless Broadband option, a new start period and service charge will apply.

5. CONSUMER OBLIGATIONS

5.1 Acceptance of Licensee Terms
Consumers shall be bound by ipNX’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, you are deemed to accept our service terms.

5.2 Access to Maintenance
Consumers shall grant the Licensee 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.

5.3 Tampering with Equipment
Consumers shall not use any equipment or related facilities provided by a Licensee 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 ipNX. 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 ipNX that requires special authorization, may be installed by or on behalf of any Consumer.

5.4 Reselling Services without Authorisation
The Customer warrants that the Services will not be resold, unless ipNX is notified in writing of the Customer’s intent to do so. In the event that the Services are resold with notice to ipNX, the Customer shall save and hold ipNX 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 this Agreement, including the Acceptable Use Policy. The Customer acknowledges that notice to ipNX 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.

5.5 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 that are obscene, threatening or otherwise contrary to applicable laws or regulation.

5.6 Dishonest Churning
If you are a new customer asking for broadband service, we may chose 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.

6. PROTECTION OF CONSUMER INFORMATION
We know that privacy is very important to our customers and we want you to feel confident about the privacy and security of your personal information. We take reasonable care to prevent any unauthorised access to your personal information. IpNX recognises the importance of your privacy. We use personal information that we collect from customers in accordance with strict procedures and laws of Federal Republic of Nigeria. We have set out below some important information about the personal information we may hold about you, and how we use it. Full details of our Privacy Policy can be made available by writing to us.

6.1 General Principles
When ordering for our service, we may ask you for information such as name, home or business address, contact phone numbers and email address. We collect this information by phone, in writing or through a website. We may also ask you other relevant information about the service you are using or ordering.

6.2 How we Use your Personal Information
We use information about you in the following way:


  Process of orders you place with us
  Charge for services we provide
•  Publish your details in our directory, provide directory enquiry service or information to the regulator, NCC and other authorised government agencies
  Communicate with you about how to use the service and let you know about any changes to the service
  Market our own products and services. We need your permission to use your information for this purpose. We will assume we have your permission unless you tell us otherwise by writing to us at: 4 Balarabe Musa Crescent, Victoria Island, Lagos.
 Carry our market research and analysis on our current products and services and future developments. We will make sure that you cannot be identified. We may give information in this form to certain other people or organizations.
 Prevent and detect criminal activity, fraud, misuse of or damage to our network and prosecute and sue those responsible.
 We may provide information (in response to requests from authorised law enforcement agencies) to prevent and detect crime and prosecute offenders. We may also provide information to protect national security. In all cases, we will do so in line with the laws of Federal Republic of Nigeria.

6.3 How long we keep personal information
How long we keep personal information depends on how we use that information. In some cases, by law we must keep information for a minimum period. Unless specific legal requirements say otherwise, we will keep information no longer than is necessary for the purpose we collected or processed the information.

6.4 Changes to our Privacy Policy
We may make changes to our Privacy Policy from time to time. Your continuing use of the iwireless services indicates your agreement to the use of your personal information as set out in this Privacy Policy.

6.5 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.

7. COMPLAINTS HANDLING

7.1 Information to Consumers
If you are unhappy with our service please contact us and let us know. It is through your feedback that we are able to review and improve the overall service we provide. If you have a complaint our formal internal complaints procedure is outlined below. We are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame. We do try and resolve complaints by telephone. Should you wish to receive a response in writing then please ask.

7.2 Fault Process
ipNX operate a service desk which is reachable 24 hours a day and 7 days a week via telephone, email and fax and . All ipNX subscribers can contact the help desk via telephone; 01-6281111 or 01-6284357, email; support@ipnxnigeria.net. Before you contact our support desk please make sure that you have your customer ID and summary of the complaint. This will enable us process and resolve your complaints quickly.

7.3 Resolution Time
We aim to deal with problems as quickly as possible and so our help desk assistance will try to resolve the problem during the telephone call although complaint about bills may take longer to put right. If this is not possible, they will inform you of a cause of action.

7.4 Escalation
If you need to escalate a complaint about the way we have handled any aspect of your account or the way you have been treated when contacting the technical support or Customer Service desks you may escalate by writing detailing the nature of the complaint to:

The Head Customer Care
ipNX Nigeria Limited
4 Balarabe Musa Crescent
Victoria Island 
Lagos

7.5 Contacting You
When we need to contact you, we will use your billing address, e-mail address, mobile or fixed phone number. We will contact you to advice on the outcome of an investigation to any complaint which our help desk agents were unable to resolve during the initial telephone call.

7.6 Special Needs
ipNX is aware of its legal and moral obligations to disabled 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.

7.6.1 Special Literature
Copies of this code of practice in larger print are available by post from us. Our web developers are also working continually to improve the accessibility of our sites to disabled customers.

7.6.2 Priority fault repair
In the event of a fault, where a special needs customer has a bona fide need of urgent repair, priority is given to restoring such a customer's service.

7.6.3 Bill payment
Disabled customers who are dependent upon the service may nominate somebody who can help them deal with bills, and their account in general. Specifically, this nominee can: 

 Be the person to whom the customer's bill is sent. 
 Be the person to whom any enquiry will be made by ipNX in the event of a bill not being paid. 
 Pay the bill on behalf of the customer - but will not be held legally liable for the bill 
In order to take advantage of any these services, customers with special needs must pre-register their requirements with us. In order to register please call Customer Care.

7.7 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 subscriber before we bill for it.

7.8 Action on disputed charges
When there is an unresolved complaint or billing dispute, the consumer shall be obliged to make payment of any outstanding amounts other than the amount that is specifically in dispute. We shall not impose any additional charges in form of credit management or interest until while the dispute is being resolved.

7.9 Changes to complain Handling Process
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.ipnxnigeria.net

8. CODE COMPLIANCE

8.1 Licensees (ipNX) Responsibility
ipNX takes its responsibility to the code compliance very seriously and recognises the importance of developing and maintaining good Code that is approved by the commission. The company is committed to an ongoing process of improvement in its operational performance, seeking not only to comply with legal or mandatory requirements but also proactively educate her employees regarding the code compliance and providing the required information to the Commission as at when needed.

8.2 Compliance Monitoring and Reporting by the Commission
ipNX is in full support and agrees to work with the Commission as well as customers to ensure that the service it delivers in terms of quality and customer support continues to meet and even exceed developed standards and codes of conduct.

8.3 Consumer Complaints
All complaints by consumers will first be lodged and dealt with by ipNX in accordance with Clause 7 of this Code. Where a Consumer lodges a complaint with the Commission and does not initially contact us, the Commission will forward the complaint to ipNX for resolution in accordance with our complaint handling process detailed in this Code.

8.4 Industry Complaints
Industry complaints are those made by one Licensee against another for an alleged breach of a consumer code. Industry complaints will also include complaints by a group representing consumer interests against a Licensee.
All Industry complaints will be lodged directly with the Commission. Where an Industry complaint is lodged with a Licensee, without evidence that the complaint has been lodged with the Commission as well, the Licensee shall forward a copy of the complaint to the Commission without delay, and will notify the complainant that its further contact.

8.5 Commission Investigation
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 ipNX, her customers or between ipNX and other providers.

8.6 Appeals Process
Where there is a dispute between us that cannot be resolved within 60 days from the first date of lodging the complaint with us, you have the right to refer the matter to the Head, Consumer Affairs department of Nigerian Communication Commission.

8.7 Confidentiality
We will treat any information concerning any complaint or compliance in confidence and will not disclose it to anyone except or in accordance with any instructions you have given us. However, there are circumstances in which we may be required by law to disclose information. Such requests normally come from Statutory Authorities, for example, Police Forces, EFCC and Excise etc. Any such disclosure will be strictly controlled and will be made fully in accordance with the laws of the Federal Republic of Nigeria.

9. ACCEPTABLE USE POLICY
For the complex network of networks which we call “the Internet” to function correctly, it is essential that all of those who connect to it do so in accordance with generally accepted standards and practices.

Most customers of ipNX Internet will be using commercial software which handles all technical aspects of their connection for them, but certain configuration issues and matters of courtesy or common sense must be noted by all users.

ipNX Internet's relationship to other networks, and ultimately its connectivity to the rest of the Internet, depends largely upon proper behaviour by Customers, and therefore ipNX Internet 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 ipNX Internet's standing in the wider Internet community.

ipNX 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 one or more of the Customer's services, suspension of all Internet access through ipNX Internet, or termination of the customer's account(s). Where services are cancelled or withheld for abuse, ipNX Internet shall not be obliged to refund any unused portion of fees paid, and reserves the right to levy appropriate additional charges as damages. Such charges shall not preclude or supersede any rights ipNX may have under the Service Agreement with the Customer.

For the guidance of customers on what ipNX Internet considers to be unacceptable, some general issues are addressed below. Please note that ipNX 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 can be 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 ipNX Internet. 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 ipNX Internet's servers, i.e. you can only pass email from such a system to ipNX Internet where this is the correct destination for final delivery.

Any decision IpNX Internet 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 ipNX 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 IpNX;

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 ipNX 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 ipNX.