Gistme Customer Code of Practice

GISTME COMMUNICATIONS LIMITED

Consumer Code Practice

Table of Contents:

Section Page 1. Introduction 3 2. Provision of Information to Customers 5

3. Advertising and Representation of Services 7

4. Consumer Billing, Charging, Collection and Credit Practices 9 5. Consumer Obligation 10

6. Complaints Handling 10 7. Code Compliance 14

1 INTRODUCTION:

In this code we attempt to provide answers to a range of questions which you may have about our services and to provide you with information on how and where you can obtain advice and help.

In addition to this Code we aim to comply with the principles outlined in various legislation including the Nigerian Communication Act 2003, Schedule 1 of the Consumer Code of Practice Regulation, 2007. We make available full and accurate information in plain language about how services are run, how they should perform and who is in charge. This code helps to explain what to do if things go wrong. It gives information on how to get full explanation, together with a remedy. It sets out the complaints, how we will resolve it, and what you can do if you are not satisfied with our response. Nothing in this Code affects your statutory or common law rights, nor is anything contained in this Code intended to form a part of a collateral or collateral contract between GISTME Communications Limited and any of its subscribers.

Copies of this Code may be obtained by contacting our Customer Care.

1.1 Scope and Objectives

This Gistme Communication’s Consumer Code of Practice (the “Consumer Code”) is published in accordance with the Nigerian Communications Commission regulation pursuant to section 106 of the Nigerian Communications Act 2003 (in these Codes referred to as “the Act”), which contemplates the development of a consumer code that would govern the provision of services by licensed telecommunications operators in Nigeria. This Consumer Code is to be read in conjunction with the Consumer Code of Practice Regulations 2007. All terms used in this Consumer Code are either defined in the code or have the meanings defined in the principal Act.

1.2 About us

Gistme Communications Limited

Gistme Communications Limited is a fast growing media company focused on use of mobile handsets in providing services in the area of information access, mobile payment, messaging platform, entertainment, and business software applications. GistMe is leading innovations in the growing market for mobile payment, caller tunes, SMS, MMS, mobile streaming, IPTV, and voice-enabled mobile applications. Gistme Communications Limited is an established communications company providing choice, value and innovation. Gistme Communications Limited was granted licenses by the Nigerian Communications Commission to provide Value Added Services (VAS) using Short Code Numbers within the Federal Republic of Nigeria.

You can find more information about us on our website at www.gistme.com

We provide a comprehensive range of value added services.

1.3 Our Focus

To provide technologies and services that will enable individuals and companies to be able to access data and the Internet anywhere, anytime from any type of phone, without the use of computers.

1.4 How to contact us

Please feel welcome to contact us if you need advice, information or assistance with any matter relating to our business. General enquiries: Telephone: +234- 0703-4864450 Website: www.gistme.com Email: [email protected]

Our main office address is:

Gistme Communications Limited 20 Jimmy Carter Street, Asokoro, Abuja. FCT Page 4 Gistme Customer Code of Practice

2 PROVISION OF INFORMATION TO CONSUMER

2.1 Service Contracts

Gistme Communications 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.

2.2 Description of Services 2.2.1 Bulk SMS Services: Using our platform to send messages to unlimited number of recipient. This service caters to customer’s need for SMS broadcast in areas such as marketing campaigns, promotion activities, special season’s greetings, and product advert etc.

2.2.2 Short Code Services: Using Premium numbers to get feedbacks, comments, complaints and get enquiries from the general public. 2.2.3 Caller Tunez: This offers the network subscribers the unique ability to personalize their ring back tones. This has opened exciting doors for network subscribers.

2.3 Pricing Information

Customers will be given full information about rates and charges where applicable including all calculations. The prices of individual service may be changed from time to time at the discretion of Gistme Communications, but the circumstances that will inform the change will be communicated to customers via email and/or hand delivery.

2.4 Contract/Agreement

Gistme Communications Limited shall make available a print copy of our contact for the provision of services written in plain and clear language.

2.5 Entering Into Contract with Consumer

Before entering into a contract for any service, Consumers shall be provided a complete description of the service in clear and plain language, avoiding unnecessary technical terms. Where other services are required in order to effectively utilize the service, the Consumer shall be sufficiently informed of such requirements or service dependencies.

We shall maintain high quality of what we do through constant ongoing review of all aims, activities, outcomes and the cost-effectiveness of every activity. We encourage regular review meetings and provide regular progress report. Hence information about the quality of the service will be known to prospective customers. Full details of such services shall be adequately advertised. This information will include the waiting time for the service to be deployed.

2.6 Contract Term and Termination

The contract itself shall contain the following information regarding the term:

(a) The commencement date of the contract; (b) What the minimum contract term is, if applicable; (c) Where applicable, the minimum contract period and the manner and consequences of termination; (d) The situations where early termination is possible; (e) The amount or method of calculating any charges payable upon early termination; (f) The conditions and terms of renewal of the contract, if applicable; (g) The conditions and terms of disconnection and reconnection and fees that may be charged for disconnection or reconnection; (h) Terms and conditions that may apply to refund of any deposit including timing and any deductions or charges applicable; (i) Terms and conditions relating to situations that may give rise to the interruption, withdrawal or discontinuation of the service; and (j) Terms and conditions relating to the delivery, installation or activation of the service if applicable

Each Party shall have the right to terminate this Agreement upon thirty (30) days prior written notice if the other Party is in breach of any material obligation under this Agreement or the Applicable License Agreement accompanying the Services and the breaching Party fails to remedy such breach within such notice period. When terminated by Gistme Communications Limited due to a material breach by the Customer the Service Fee paid by the Customer or any part thereof will not be Page 6 Gistme Customer Code of Practice refunded to the Customer. When terminated by the Customer due to a material breach by Gistme Communications, the Service Fee for the ongoing Service Period will be refunded by Gistme Communications. Customer already terminated can be reconnected on the payment of reconnection fee to be determined by Gistme Communications.

2.7 Provisioning of Service

In the event that Gistme Communications encounters technical problems that interfere with provisioning of our services, the time for provisioning will be subject to any time or process of rectification permitted by Nigerian Communications Commission. Gistme Communications shall not be responsible for delays or refusal of service request caused by customer being identified as not credit worthy.

3 ADVERTISING AND REPRESENTATION OF SERVICES

3.1 Advertising Practitioners Council of Nigeria (APCON)

The Advertising Practitioners Council of Nigeria (APCON) regulates advertising practices in Nigeria, and has established the Nigerian Code of Advertising Practice. GISTME Communications shall comply with the advertising standards established by APCON, and any other applicable laws or standards, in addition to the rules regarding the advertising or other promotion of telecommunications services set out in this General Code.

3.2 Availability of Service

GISTME Communications Limited shall make clear in advertising materials which promote the availability of a service any geographical or technical limitations on the availability of the service to consumers. Complete information on offered Services for residential and corporate markets are available on GISTME Communications Web Site: www.gistme.com

3.3 Advertising of Packaged Services Page 7 Gistme Customer Code of Practice

Where GISTME Communications Limited represents in advertising materials that a service is provided as part of a package, the GISTME Communications shall ensure it is able to supply all components of the service package. In the event the GISTME Communications 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. Where advertising materials indicate the price of a component of a service package, GISTME Communications 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.

3.4 Unsolicited Telemarketing

GISTME Communications Limited will not engage in unsolicited telemarketing unless it discloses: (a) at the beginning of the communication, GISTME Communications identity or other person on whose behalf it is made, and the precise purpose of the communication; (b) during the communication, the full price of any product or service that is the subject of the communication ; and (c) that the person receiving the communication shall have an absolute right to cancel the agreement for purchase, lease or other supply of any product or service within seven (7) days of the communication, by calling a specific telephone number (without any charge, and that the GISTME Communications shall specifically identify during the communication) unless the product or service has by that time been supplied to and used by the person receiving the communication. GISTME Communications Limited shall also conduct telemarketing in accordance with any “call” or “do not call” preferences recorded by the Consumer, at the time of entering into a contract for services or after, and in accordance with any other rules or guidelines issued by the Commission or any other competent authority.

4 CONSUMER BILLING, CHARGING, COLLECTION AND CREDIT PRACTICES

4.1 General

Gistme Communications shall at all-time endeavor to; (a) Ensure that billing is accurate and timely ; (b) Ensure that billing accuracy is verifiable; (c) Ensure that sufficient information shall be readily available to the Consumer for verification of the bill without any charge; (d) Ensure that upon a bona fide request from a Consumer, Gistme Communications shall inform or provide the Consumer with timely, accurate and current information about its billing terms and conditions and options relevant to that Consumer; Page 8 Gistme Customer Code of Practice

(e) Retain records of a Consumer’s bill and related charges for a minimum period of twelve (12) months; and (f) In interpreting the obligations described in this section, references to “billing” or “bill” include the Gistme communications systems for recording and processing any prepaid transactions, including the debiting of call charges against prepaid card balances.

4.2 Billing Information

Gistme Communications shall ensure that, at a minimum, the following information is included in any bills issued by it or on its behalf: (a) A description of the charges (and credits) for which the Consumer is billed; (b) The total amount billed, applicable credits, payments or discounts (c) The type of service for which the consumer is billed

4.3 Itemization of Charges

Gistme Communications shall ensure that Consumers have access to itemized details of all charges, either on the bill or on a separate statement provided by Gistme Communications upon request. Gistme Communications shall not charge Consumers for bills or billing related information, except where the Consumer requests information not required to be provided under this Code such as requests for billing details more than one (1) year old. Gistme Communications shall inform Consumers of any applicable charge resulting from their billing requests, and shall obtain the consent of the Consumer to any charge before it is imposed.

4.4 Billing Frequency

The billing frequency will be as stated in the agreement signed by both Gistme Communications and the customer. Gistme Communications will provide customers with advance written notification of any proposed changes in billing periods.

4.5 Non Payment of Bills

In any case where the Bill is not completely paid by the date specified on the bill, Gistme Communications will send the customer appropriate warning of any action their non- payment will warrant.

5 CONSUMER OBLIGATIONS Consumers shall be bound by Gistme Communications terms of service on return of a signed service agreement.

6 COMPLAINTS HANDLING

6.1 Customer Complaints

We are committed to providing world class Value Added Services (VAS). If you are unhappy with any aspect of our service or the way we do business with you, then we would like to know. We can then make changes and improve our service.

How to contact us if you have a complaint:

If your problem is a general one about our products, sales and service or fault on your service, please call us on +234-0703-486-4450 or write to:

The General Manager Gistme Communications Limited 20 Jimmy Carter Street, Asokoro, Abuja. FCT e-mail: [email protected]

6.2 Internal Data Collection and Analysis of Complaints and Outcome

All communication to Gistme communications shall be channeled by e-mail or telephone. The e-mail addresses and phone numbers are available at Gistme communications website www.gistme.com . All received complaints are computed in the system and a ticket is generated. A log of all complaints / resolved issues is saved for

Gistme Customer Code of Practice each and every subscriber. Customer support department generates a weekly report. It shows all opened tickets and how they have been resolved. Where possible, Consumers shall be advised when they make a complaint of the expected actions and timing for investigating and resolving the complaints. In the event that Gistme Communications regards the complaint as frivolous or vexatious, the Consumer shall be informed accordingly and if dissatisfied the Consumer shall have the further recourse described below. In any event, no Consumer complaint shall remain unresolved for more than three (3) months. Gistme Communications shall implement processes to provide Consumers with sufficient information and the means to inquire on the progress of complaints. Such processes may include complaint reference numbers or other identifiers in order to facilitate timely and accurate responses to subsequent enquiries by Consumers.

A periodical analysis is done by technical and service departments to point out the different categories of encountered problems. The goal is identifying the root cause of encountered problems and to resolve them. The customer shall receive communication from Gistme Communications when additional information is required during the troubleshooting process if necessary and also when the complaint is resolved.

6.3 Special Needs

Gistme Communications limited will ensure that Customer Service agents are well aware of how to handle and escalate cases involving clients with special needs. Gistme Communications shall ensure that all the service centers are easily accessible to clients with special needs who prefer to visit these centers

6.4 Recording Complaints

To help us respond efficiently, our General Manager keeps a record of any complaints received. This may include taking written notes of relevant telephone conversation and making copies of any written communications. We will treat the records as confidential and will handle them within the relevant data Protection, privacy and confidentiality legislation that apply in Nigeria. Please keep a note of the date (s) and time (s) when you have spoken with us about your complaint; whom you spoke to and what they said or promised to do. If the Nigerian Communications Commission (NCC) becomes involved in resolving a dispute with you, we may provide them with copies of records we hold about your complaint. We will normally keep records for three years after a customer disagreement or complaint.

6.5 Responding to Complaints

We will do everything we can to resolve complaints, disagreements or disputes as quickly and efficiently as possible. Our customer service manager will investigate your complaint and discuss a course of action with you to resolve the matter quickly and to your satisfaction.

6.6 Handling Complaints

Upon receiving a report, Gistme Communications shall confirm both customer and technical information necessary for a timely and efficient response. The customer shall receive communication from Gistme Communications when additional information is required during the troubleshooting process; or is responded to and/or resolved.

6.7 Resolving Complaints

While we intend to do everything we can to resolve complaints, disagreement or disputes, sometimes a satisfactory conclusion cannot be reached. This may be because you are dissatisfied with the outcome, or we have exceeded our target time for resolving a problem. If so, you can take the matter further by referring it to the Customer Affairs Bureau of the NCC.

6.8 Charges

Complaint handling processes shall be provided free of charge. However, Gistme Communications 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 to Gistme. Any such charges shall be identified and agreed to by the Consumer before being incurred.

6.9 Further Recourse

Gistme Communications shall advise Consumers that, in the event they remain dissatisfied with the outcome of a complaint they may refer the complaint to identified persons or departments, within the NCC.

NCC will act impartially and try to find a fair outcome for all parties if it decides that we have not adequately resolved the matter. If the NCC believes we have acted reasonably, you will be informed of this. However, if the complaint remains unresolved, Page 12 Gistme Customer Code of Practice you can ask the matter to be referred the NCC will take the complaint forward in whatever manner it considers appropriate.

Nothing in this scheme or process prevents you seeking resolution through the courts.

You can write to: The Nigeria Communications Commission (NCC) Plot 423 Aguiyi Ironsi Street, Maitama, Abuja, FCT Nigeria. Tel: +234-9-4617000 e-mail: [email protected] website: www.ncc.gov.ng

6.10 Action on disputed Charges

Gistme Communications shall avoid imposing any disconnection or credit management action regarding any service to which a complaint or billing dispute relates while the complaint or dispute is being investigated. Gistme Communications shall inform the Customer that while the complaint or dispute is being investigated, the Customer is obliged to make payment of any outstanding amounts other than the amount that is specifically in dispute. Where Gistme Communications Limited intends to take disconnection or credit management action against a Customer regarding any amount that has been subject of a complaint or dispute, Gistme Communications will specifically notify the Customer before taking the intended action.

6.11 Changes to Complaint Handling Process

Gistme Communications shall update any information regarding their complaint handling and tracking processes as appropriate, including information provided to Consumers or the Commission Retention of Records

6.12 Retention of Records

To help us respond efficiently, our Customer Services keeps a record of any complaints we receive. This may include taking written notes of relevant telephone conversations, and making copies of any written communications. We will treat the records we keep as confidential and will handle them within the relevant data protection, privacy and confidentiality legislation that applies in Nigeria. Please keep a note of the date(s) and time(s) when you’ve spoken with us about your complaint; whom you spoke to; and Page 13 Gistme Customer Code of Practice what they said or promised to do. If the Nigerian Communications Commission (“NCC”) becomes involved in resolving a dispute with you, we may provide them with copies of records we hold about your complaint. We will normally keep records for three years after a customer disagreement or complaint.

7 CODE COMPLIANCE

Gistme Communications shall:

(a) Develop appropriate policies and procedures for ensuring compliance with this Code (or any individual consumer code approved by the Commission. (b) Ensure that the compliance policy, procedures and applicable code provisions are publicized to employees and other representatives of Gistme Communications; (c) Develop appropriate procedures or programs to educate employees regarding code compliance issues; (d) Implement appropriate management structures and practices to monitor compliance with the policies, procedures and code provisions. (e) Provide information to the Commission, as provided for in this Code or as otherwise requested by the Commission, relevant to Gistme Communications consumer code obligations and ongoing compliance efforts.