CLOUD INTERACTIVE ASSOCIATES LIMITED
INDIVIDUAL CONSUMER CODE OF PRACTICE (ICCP)
SCOPE AND OBJECTIVES:
1. Cloud Interactive Associates Limited is a Value-Added Services (VAS) provider licensed by the Nigerian Communications Commission (NCC) to offer value added services to the telecommunications industry. Cloud Interactive Associates Limited, Consumer Code of Practice (the “Code”) made in pursuance of Section 106(2) of the Nigerian Act 2003 (“the Act”) and Regulation 4(1) of the Consumer Code of Practice Regulations 2007 (“the Regulations”),
2. Terms used in this Code are given their ordinary meaning within the framework of the business or Cloud Interactive Associates Limited’s document. Clause headings are inserted for convenience of reference only and shall not affect the interpretation of this Code. Words importing the plural shall, except where the context otherwise requires, include the singular and vice versa: references to the masculine gender shall include the feminine or neuter gender and vice versa; and references to persons shall be construed as references to an individual firm, company, body corporate, statutory board, government body, incorporated body of persons, association or trust as the context may require
APPLICATION OF CODE:
3. The Code shall govern the provision of services to consumers by Cloud Interactive Associates Limited. In the event of a conflict between the Code and the General Code, to the extent that the terms of the codes are not less favorable to the consumers than the General Code, this Code shall apply
4. Cloud Interactive Associates Limited shall provide Consumers with information on their services that is complete, accurate, and up-to-date and in simple, clear language.
This would be made available to both the customer service department of the company, web portal and also in the welcome message after opting in for a service
5. Cloud Interactive Associates Limited shall endeavor to respond in a timely manner to Consumer requests for information on their services and such information shall be provided free of charge and shall include at least the following:
Current service, arrangements, including information about the services and tariff for all services offered to the public, shall be readily available via appropriate media including electronic format on Cloud Interactive Associates Limited’s web site.
Any request in tariff changes would be done under the auspices of Cloud Interactive Associates Limited in consultation with the Service provider. Approval shall be gotten for any tariff change an also adequate information with an option to opt out shall be given to the user/subscriber.
Cloud Interactive Associates Limited shall also endeavor to ensure that subscribers have good Service Level Agreement.
6. The Code will be administered by Cloud Interactive Associates Limited 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.
7. Cloud Interactive Associates Limited may amend this Consumer Code from time to time to conform to set guidelines that may be required by Law or by the NCC.
SERVICE CONTRACTS AND DURATION:
8. Cloud Interactive Associates Limited shall supply, or make available on request, a copy of the contract or agreement for the provision of services, and such contracts shall be written in plain and clear language.
DESCRIPTION OF SERVICES:
9. Cloud Interactive Associates Limited offers USSD and Bulk SMS Services. This service caters to customer’s need for SMS broadcast in areas such as marketing campaigns, promotion activities, and customer notifications.
10. Customers may subscribe to the service via a convenient electronic or web channel. Cloud Interactive Associates Limited upon receipt of subscription will issue email or Short Message Service confirmation.
CONTRACT TERMS AND CONDITION:
11. All terms and conditions of a contract regarding the provision of any of our services shall be clearly stated in the contract or agreement. Furthermore, contracts entered into by Cloud Interactive Associates Limited with its customers shall have a specific duration which shall commence on a definite date to be stated in the contract and shall terminate on a certain date albeit in accordance with the termination provisions in such contract.
AVAILABILITY OF SERVICE:
12. Cloud Interactive Associates Limited services are not available on all mobile networks and as our services are network dependent, services will be restricted to certain areas within Nigeria where mobile network service is available as contained in promotion materials.
ADVERTISING OF PACKAGED SERVICES:
13. (1) Where Cloud Interactive Associates Limited represents in advertising materials that a service is provided as part of a package, Cloud Interactive Associates Limited shall ensure it is able to supply all components of the service package. In the event that CLOUD INTERACTIVE ASSOCIATES LIMITED is or may be unable to supply any component of the package, appropriate information about this limitation shall be included in the advertising materials.
(2) Where advertising materials indicate the price of a component of a service package, Cloud Interactive Associates Limited shall include in the advertising materials a statement of the minimum total charge for the package, and indicate any Conditions that may apply to obtain the component at the stated price.
All marketing materials shall be prepared in line with the standard adverting codes from APCON as well as the Consumer Affairs departments of NCC.
SPECIFICATION OF THE MARKETING MESSAGES/POSTERS:
14. The marketing messages/posters must contain the following:
DND/DNC AND BLACKLIST LIST:
15. DND: Do Not Disturb- it means NEVER send bulk/ marketing messages to these customers. If they are however on any of your service, you can leave them there, but do not send bulk messages to them even about the service.
Once they opt out, they are not to be sent any form of marketing or re-subscription reminders.
16. DNC: Do Not Charge- it means MSISDNS in this list must never be charged (as they are mostly POS, data only SIMS etc.)
If however, they subscribe and you start charging them, and the operator or NCC finds out due to escalations or routine audit checks, you must be able to provide clear evidence that the number sent you a subscription request.
17. Blacklist: don't bulk, don't charge, and don’t subscribe MSISDNS in this category ever! They should be blocked from being able to subscribe to any of your services.
18. Cloud Interactive Associates Limited operates a customer service desk which is reachable during working hours from 8:00am to 5:00pm and outside working hours via e-mail. All consumers can contact the help desk via telephone; 01-2930486 e-mail: firstname.lastname@example.org. Before you contact our support desk please make sure that you have details of the transaction initiated, your mobile number, and summary of the complaint. This will enable us process and resolve your complaints quickly.
19. In the event that the complaining customer remains dissatisfied with the outcome/resolution of the complaint, has the right to refer the complaint to Nigerian Communication Commission (NCC).
DATA COLLECTION AND ANALYSIS OF COMPLAINTS AND OUTCOME:
21. When ordering for certain services, we may ask you for information such as name, address, contact phone numbers and email address. We may also ask you other relevant information about the service you are using or ordering.
HOW WE USE YOUR PERSONAL INFORMATION:
22. 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 highly secure directory, provide directory enquiry service or information to the regulator, NCC and other authorized 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: CLOUD INTERACTIVE ASSOCLOUD INTERACTIVE ASSOCIATES LIMITEDTES LIMITED, 39 CHIEF COLLINS STREET, OFF FOLA OSIBO, LEKKI PHASE 1, LAGOS STATE
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 authorized 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.
RETENTION OF RECORDS:
23. 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.
Any information collected and recorded as part of complaint handling processes shall be retained for at least twelve (12) months following the resolution of complaints or as directed by NCC from time to time.
MAINTAINING DATA QUALITY:
25. 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.
OPT-IN AND OPT-OUT:
26. Upon request for any service, CLOUD INTERACTIVE ASSOCIATES LIMITED shall provide the consumer with a double Opt-in functionality and an Opt-out options in clear, simple and understandable terms available in all service. A double opt-in message must be sent to subscribers and they must confirm their intention to subscribe to a service before they are subscribed.
27. CLOUD INTERACTIVE ASSOCIATES LIMITED shall provide the consumer with access to a HELP function to obtain information on services they are at the time of request, subscribed to and how to opt out in clear plain English.
28. CLOUD INTERACTIVE ASSOCIATES LIMITED content delivery shall meet the following:
Contents should not be less than 120 characters and not more than 160 characters
Content delivery time should be well defined and adhered to.
Failure to deliver content on a pre-specified day is not allowed
All contents should be consistent with the underlining service
Content should be unique and useful
Repetition of contents in not allowed
29. All services are paid for via credit available on the subscribers’ phone on a renewable basis. Once service is requested for, the money is deducted from the balance of the customer’s account. Unless otherwise promoted or advertised, Cloud Interactive Associates Limited will normally bill you upfront (in advance) for any charges for the duration of the service. The following information is included in any billing or charging notifications issued by it or on its behalf:
The name of the service for which the consumer has been billed
The type of the service for which the consumer has been billed and the service delivery medium
The period over which the service associated with the charge will be provided
The total amount billed or charged to the consumer’s prepaid account
ITEMIZATION OF CHARGES
30. Cloud Interactive Associates Limited shall ensure that each consumer has access to itemized details to all charges pertaining to subscribers on that mobile network and Cloud Interactive Associates Limited shall ensure that all such itemized details are available for 12 months after the billing/charges effect has occurred.
TIMING FOR ISSUANCE OF BILL:
31. Cloud Interactive Associates Limited shall bill Consumers at the point of activation and shall equally ensure that in instances where a service for which a consumer has been billed cannot be delivered, the consumer will be subsequently offered the service at no extra cost for a period of time equal to the period over which the service should have been delivered but was not. Where the circumstances will not permit the service to be delivered (due to circumstances beyond the reasonable control of Cloud Interactive Associates Limited, such as an event of force majeure or a technical system failure at the mobile network resulting in service interruption), Cloud Interactive Associates Limited shall liaise with the mobile network operator to establish a suitable resolution path that will ensure that consumers do not lose any value and are appropriately refunded and compensated.
32. Cloud Interactive Associates Limited shall ensure that Consumers are able to verify their bill payment by acknowledgment of payment on the next bill issued, with such appropriate and accessible methods as may be made available by Cloud Interactive Associates Limited.
33. Cloud Interactive Associates Limited shall provide Consumers with advance written notification of any proposed changes in billing before any such changes are implemented via any channel over which Cloud Interactive Associates Limited services are offered. Consumers shall be informed in all such notifications of how to opt out of the service to avoid experiencing the proposed changes in billing.
ACCEPTANCE OF LICENSE TERMS:
34. Consumers shall be bound by Cloud’s Interactive Associates Limited terms of service once service is requested for. By activating the service on commencement date, you are deemed to have accepted our service terms.
MISUSE OF SERVICE:
35. Consumers shall not misuse our services, including but not limited to: dishonestly obtaining services; or using services to send messages that are obscene, threatening or otherwise contrary to applicable laws or regulation.
36. Complaint handling processes shall be provided free of charge. We always keep a 1 year and more backed up Logs for all transactions made to or from any customer.
ACTION ON DISPUTED CHARGES:
37. 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 while the dispute is being resolved.
CHANGES TO COMPLAIN HANDLING PROCESS:
38. 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.cloudinteractive.ng
LICENSES (CLOUD INTERACTIVE ASSOCIATES LIMITED) RESPONSIBILITY:
39. Cloud Interactive Associates Limited takes its responsibility to the code compliance very seriously and recognizes the importance of developing and maintaining a 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 but also proactively educate her employees regarding the code compliance and providing the required information to the Commission as at when needed.
COMPLIANCE MONITORING AND REPORTING BY THE COMMISSION:
40. Cloud Interactive Associates Limited 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.
41. All complaints by consumers will first be lodged and dealt with by Cloud Interactive Associates Limited 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 Cloud Interactive Associates Limited for resolution in accordance with our complaint handling process detailed in this Code.
42. Industry complaints are those made by one License against another for an alleged breach of a consumer code. Industry complaints will also include complaints by a group representing consumer interests against a License.
All Industry complaints will be lodged directly with the Commission. Where an Industry complaint is lodged with a License, 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 duly.
43. The Nigerian Communications Commission (NCC) is empowered by law and is fully responsible for ensuring compliance as well as investigation into complaints or breach of code by either Cloud Interactive Associates Limited, her customers or between Cloud Interactive Associates Limited, and other providers.
44. 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 the Nigerian Communications Commission.
45. 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.