Introduction
Thermolinks Concepts Ltd is a digital technology company with key speciality in the telecommunications industry. Established in 2009, Thermolinks Concepts Ltd, with its business and IT expertise, is a trusted name in the ICT industry.
It defines, designs and delivers business solutions that help technological advancements of companies and individuals in Nigeria with the provision of an array of services that includes Telecoms VAS Aggregation, Software Development, Consultancy and Project Management.
It has obtained Nigerian Communications Commission Class Licence for Sales & Installations, Cabling, and Repairs & Maintenance.
In 2020, Thermolinks obtained a VAS Aggregator License from NCC and has established direct connectivity to the Mobile Network Operators in Nigeria.
At Thermolinks, we boast of a state-of-the-art Carrier Grade messaging infrastructure that supports provision of services over SMS, Voice and USSD Channels.
With our state-of-the-art technology and hands-on experience in the Telecoms VAS Sector, customers have developed confidence in our capabilities and best service delivery in the industry.
We are fully compliant with the guidelines, policies, and regulations set by the Nigerian Communications Commission (NCC) and other concerned regulatory bodies. Personnel witha friendly disposition, we give our customers the needed support for a win-win business relationship.
Scopes and Objectives
a. Scope
This code is published in compliance with the requirements of the Nigerian Communications Commission for the provision of Value Added Services Aggregator and in fulfillment of the Consumer Code of Practice Regulation, 2024.
b. Objectives of the Code of Conduct
The objective of this Code of Conduct is to ensure customers are provided with the services within the acceptable Industry best practice. It details the customer’s rights and obligations, describes the available services and methods of dispute resolution or service complaints within an acceptable timeframe
Definitions
Any term used in this Code of Practice shall have the same meaning as defined under the Act and this Regulation
Applications of the Code
This Code of Conduct applies to our VAS Aggregator Connectivity services subscribed to by Content Providers for connection to the Mobile Network Operators.
Code Administration
In addition to ensuring compliance with this Code, Thermolinks Concepts shall also comply with any existing regulation from NCC, contracts and agreements with the Mobile Network operators, and other relevant bodies relating to the provision of VAS services in Nigeria.
Amendment of the Code of Conduct
The code may be reviewed or amended regularly as may be applicable and necessary in fulfilment of any new legal or regulatory requirements to ensure its relevance in the face of constantly evolving technology. Thermolinks Concepts reserves the right to modify this Code of Conduct from time to time or when necessary and publish such on its website www.thermolinks.com on approval by NCC.
Provision of Information to Consumers
Obligation to Provide Information to Consumers
a) Thermolinks Concepts shall provide consumers with complete, accurate and up-to-date information about its services in clear terms.
b) Thermolinks shall respond within 96 hours to consumers' requests for information on its services free of charge
c) It shall make available current service arrangements, rates, terms and conditions for its services.
d) It shall provide full information on services that are subject to price or tariff regulations by NCC.
e) Thermolinks Concepts shall not make empty promises of services it is not in a good position to offer.
Service Contracts and Duration
A copy of Service Agreement shall be made available for execution by both parties. The Service Contract/Agreement shall be for an initial period of 2 years, renewable automatically upon expiration, except where otherwise indicated by any of the parties in writing to 3 discontinue the service. The terms and conditions are stipulated under “Contract Terms and Conditions” in 12 below:
9. Description of Services:
a) Thermolinks Concepts Ltd will at all times provide consumers with a complete description of the service in clear language without much ambiguity.
b) The consumer shall be informed of any Service dependencies or pre-service requirements in order to fully utilize the intended service.
c) Provision of services will not be unreasonably prolonged or delayed.
d) Refund or compensation on claims are made in accordance with customer Service Level Agreements after due investigation and verification processes carried out to ascertain such claims have been concluded.
e) Resolution Time: We aim to deal with problems as quickly as possible and where resolution will be delayed, the customer is informed of any possible cause of action.
f) Thermolinks Concepts Ltd shall not be liable for any failure to provide a service due to circumstances beyond its control or a third party
10. Service Subscription Policy (Opt-in and Opt-out)
Subscribers are required to text in the keyword as a confirmation of the request to opt in to the subscription service. To opt-out of the service, subscribers will be required to send STOP to the service shortcode and the subscriber will automatically be unsubscribed.
11. Pricing Information:
Pricing shall be without any hidden cost. The exact end-user tariff applicable for each service, the frequency or billing period, description of the charges will be included in any billing notification. Where applicable, pricing for content services shall include the cost of the content and any bearer costs that may be associated with downloading, browsing or receiving that content. Where and when charges are subject to change the consumer shall be informed in writing via email.
Pricing of services:
a) All advertised services shall include the full retail price of that service and VAT
b) Pricing shall be without any hidden cost. Where applicable, pricing for content services shall include the cost of the content and any bearer costs that may be associated with downloading, browsing or receiving that content.
c) Pricing contained in an advertisement shall not be misleading. If multiple communications are required to obtain content, then the advertised price shall include the cost for all communications required for that transaction. A clear indication shall always be given that more premium messages are required
d) The pricing for a premium-rated service shall be clearly visible in all advertisements. The tariff shall appear with all instances of the premium number display.
e) For premium rated services, the name of the Service provider shall appear in all advertisements, unless otherwise specified in the advertising guidelines
f) For menu-driven services such as USSD, the price for the service shall be clearly stated at the top of the first page. Any additional costs associated with specific menu selections shall be clearly indicated.
g) For services that have specific handset requirements, advertisements shall make it clear that the customer needs to have a compatible handset that has been correctly configured to use that service.
h) The word "free" or words with the same or similar meaning (in any language) may not be used for any service unless that service has no associated charges whatsoever, excluding network bearer charges.
i) Promotional material for competition services shall clearly display the end-user tariff , details of how the competition operates and an indication that it is a subscription service
j) Any promotional material for charitable and/or fundraising promotions shall make clear any other chargeable fees and that administrative fee will be deducted from amounts paid. It shall also specify the identity of the beneficiary and any restrictions or conditions attached to the contribution to be made to the beneficiary.
k) Any IVR service shall clearly announce the cost per minute at the beginning of the call.
12. Contract Terms and Conditions:
l) The Thermolinks Concepts code of practice shall be binding on all its Content Providers and third parties for the provision of any service or solutions.
m) A contract agreement will also be signed by each Content Provider
n) The Contract Agreement shall indicate, commencement date, duration of contract, activation of service, issues that may warrant termination and termination process, compensation, disconnection and reconnection, renewal, service interruption and notification process where elements of such change exist in service provision.
o) Any VAS Provider or Content Provider services may be suspended or terminated if such service(s) contravenes this Code of Conduct or terms as stipulated in the agreement.
13. Product Warranties and Maintenance:
Thermolinks Concepts does not provide warranty nor maintenance of Content Providers/customers' equipment and platform,
14. Provision of Service
a) THERMOLINKS shall comply with the Quality of Service Standards as may be developed by NCC, without prejudice to our commitment to the delivery of highest quality service to our customers.
b) Where technical problems interfere with the provision of services, the timing for the service provision or process rectification may be as agreed by both parties or as may be permitted by NCC
15. Operator Assistance, Fault Repair and Service Interruption
THERMOLINKS operates a customer service desk which is reachable during working hours via telephone and outside working hours via e-mail. At Thermolinks Concepts customers can contact the help desk via telephone; +234 803 7415 953; OR via email: vassupport@thermolinks.com
16. Services for Consumers with Disabilities and Special Needs
THERMOLINKS will comply with specific obligations as may be provided by NCC for consumers with disabilities and special needs. Such consumers shall be given special assistance where required.
17. Access To Emergency Services
Thermolinks shall comply with any requirement approved by NCC for emergency services free of charge.
Advertising and Representation of Services
18. Advertisement
Our adverts shall comply with advertising standards set by APCN and other applicable laws or standards in addition to other advertising rules set by NCC
19. Availability of Service
In promoting any service, Thermolinks Concepts shall make clear any limitations or restrictions in terms of geographical locations, zoning, technical equipment, facilities, age group or time limitations on the availability of any service to subscribers which are known to Thermolinks.
20. Advertising of Packaged Services
In promoting any service, provided as part of a package, all components of the service package are to be provided, in the event that this is not feasible, appropriate information about this limitation shall be stated in the advertising materials.
Where the advertising 6 material indicates the price of a component of a package, a statement of the minimum total charge for the package shall be included in the advertising materials. Any applicable conditions to obtain the components of the stated price, will also be indicated.
21. Minimum Standard and Request for Approval
A written approval of NCC shall be obtained for advertisement of services prior to the date of the planned publication to meet the minimum standard and requirements set by the Commission and as published in the Guidelines on Advertisements and Promotions.
22. Advertorial Medium
a) This shall be through print and visual media, radio, mail, blogs, our website, text messages and email ensuring accuracy and clarity without obscenities or profanities relating to racial, religion, gender, age or prejudicial content.
b) A minimum of 10 font size and Times New Roman font type or larger fonts size.
c) Price details shall be clearly stated in the adverts
23. Comparative Advertising
Our adverts shall not discredit any competitor’s products or services nor use any slogan or illustrations of another advertiser or competitor.
24. Special Promotions
In a Special Promotion of any service, Thermolinks Concepts shall make clear any terms and limitations or restrictions in terms of geographical locations, zoning, technical equipment, facilities, age group, eligibility requirements or time limitations on the availability of any service to subscribers which are known to Thermolinks Concepts
25. Disclaimers
Any disclaimer placed on any advert shall not negate the principal message or object of the advertisement. The recipient would be clearly specified and the disclaimer clearly written in plain language.
26. Compliance Process
Thermolinks Concepts shall comply with adequate review process aimed at ensuring any advert complies with applicable laws and regulations by ensuring trained, qualified and appropriate personnel handles its advertisements. Thermolinks Concepts shall be ready to substantiate its claims if required to do so by NCC.
27. Prevention of Unsolicited SMS/Telemarketing
Thermolinks Concepts does not send or promote the sending of unsolicited telemarketing and will take reasonable measures to ensure that its facilities are not used, for such purposes.
Any unsolicited message would be considered as spam unless;
a) the message recipient has a direct prior communication with the message originator in the immediate past.
b) the organization supplying the originator with the recipient's contact information has the recipient's explicit consent to do so.
c) the consumer is able to opt-in and opt-out utilising the NCC code provided in such cases d) the telemarketing is done in accordance with the rules and guidelines issued by NCC or any other competent authority.
28. Voice Calls:
For any unsolicited voice call sales, the call recipient shall be provided with the name, purpose of the sale, description of the product or service, conditions and restrictions. The number of rings shall be a maximum of three rings and two call attempts per day as directed in this regulation.
Consumer Billing, Charging, Collection And Credit Practices
29. Consumer Billing
Billing methods may be either on Prepaid or Postpaid basis. The billing methods applicable are specified in the Contract/Service Agreement.
30. Billing Information
The following information are included in the billing notification to subscribers or Content Providers: Consumers billing name and address, Thermolinks Concepts address and Registered Number, Billing period, details and purpose of charge, exact end-user tariff applicable for each service, billing due date and any call charges applicable for complaints and billing enquiry calls. Where applicable, pricing for content services shall include the cost of the content and any bearer costs that may be associated with downloading, browsing or receiving that content.
31. Itemization of Charges
Customers shall be provided with details of all charges during the current billing period, and also the notice period for the provision of such information. Also Itemized bills information shall be kept for 24 months or as may be required by law.
Mandatory billing information are provided free of charge, except where the requested information is not required to be provided under this general code.
32. Timing for Issuance of Bills
Bills shall be processed and issued within 10 days of each billing period to include all charges incurred during the billing period. This timing may not apply if:
a) There is a delay due to the inclusion of information from other parties involved in the bill or as a result of the suspension of charges that are in dispute.
b) There exist a separate agreement with the Service Provider to the contrary
c) There occurred a billing system or processing problem in which case the problem shall be rectified and bills issued without undue delay within the timeframe as may be provided by NCC.
d) There is a delay due to force majeure or circumstances beyond the control of Thermolinks Concepts.
33. Receipt and Payment Advice
Thermolinks Concepts shall ensure that bill payments shall be verifiable by the acknowledgement of previous payment on the next bill issued, through telephone confirmation by calling a specified number and email, as maybe made available by Thermolinks Concepts.
34. Billing Frequency
The billing Frequency shall be for 60 days. For any proposed change in billing period, an advanced notification of 60 days shall be given to the subscribers before the expiration of the billing cycle.
35. Non-Payment of Bills
Where a customer fails to pay the bills necessitating disconnection, we shall duly notify or warn the customer of the impending service disruption and shall ensure that the disruption is proportionate and restricted to the concerned service.
Consumer Obligations
37. Acceptance of Licensee Terms
A consumer is deemed to have accepted Thermolinks Concepts service terms upon commencement of the use of the service after communicating the service terms
38. Access For Maintenance:
Where applicable, Thermolinks Concepts shall grant maintenance access to the Content Provider without charge.
39. Misuse of Public Communication Service or Tampering with Equipment
A Content Provider shall not use any equipment or platform provided by Thermolinks Concepts other than for the purpose for which it was provided. The Content Provider or consumer shall be responsible for any loss, modifications, interference or damage resulting from actions contrary to service terms or this Code of Practice.
40. Reselling Service Without Authorisation
Thermolinks shall not resell any Content Provider service except as permitted by the Service Agreement, applicable licence or authorisation from NCC.
41. Customer Abuse of Mobile Number Portability:
A Content Provider or consumer shall not be permitted accumulate bills with one Licensee and port to another Licensee without settling the bills with the previous Licensee.
PROTECTION OF CONSUMER INFORMATION
42. Purpose
Thermolinks Concepts will take adequate steps to prevent unauthorised or unlawful access, interception or interference with any data within its care.
43. General Principle
a. Data Collection/ Fair Information
Principle Notice shall be provided as to the consumer on data/information collection and its use, providing consumer access for accuracy and available choices to such information usage.
b. Data Storage/Customer Records
All records pertaining to customers request received would be logged in a Transactional Database, archived from time to time and stored to enable ease of retrieval for future reference. All Customers Billing Information and CDR’s would be stored for at least 2 years
c. Data Sharing
Thermolinks Concepts Ltd will not sell customer information. It will not also distribute such information to any other party without the explicit consent of the customer, except where required to do so by law. It shall make available to the consumer, its “Protection of Consumer Information Policy’’ as required by regulation
44. Protection of Consumer Information Policy:
The constitutional right of consumers to personal privacy and privacy of communications is respected. The confidentiality of customers' personal information is respected. Thermolinks Concepts will not sell or distribute such information to any other party without the explicit consent of the customer, except where required to do so by law. Thermolinks Concepts shall make available to the consumer, its “Protection of Consumer Information Policy’’ as required by regulation.
45. Maintenance of Data Quality
Thermolinks Concepts shall take reasonable steps to ensure data quality. All information pertaining to the customer will be accurate, relevant and current for any applicable purpose they are meant for. This shall include adequate mechanism for data correction and validation.
CALLING AND CONNECTED LINE IDENTIFICATION SERVICES
46. Co-operation of Licensees
We shall comply with any reasonable and lawful request made by an NCC Licensee in relation our service provision.
47. Tracing Malicious or Nuisance Calls
We shall assist with provision of any information regarding malicious or nuisance calls to a relevant authority as defined in the Enforcement Regulations, within the prescribed procedure
48. Emergency Calls:
There shall be no restriction to emergency call numbers authorised by NCC and no restriction on processing of location data.
COMPLAINTS HANDLING
49. Information to Consumers:
It is the right of customers to complain when not satisfied with service provision. Dedicated Customer service personnel are readily available to handle any customer complaints.
50. Complaints Process:
For further content or service faults, Service Providers/Customer can call ; +234 803 7415 953; OR contact the support desk via email: vassupport@thermolinks.com OR by visiting Thermolinks Concepts office, at 10 Onitsha Crescent, Off Gambiya Street, Area 11, Garki, Abuja. Complaints are recorded or logged for processing and resolution purposes.
51. Timeframe for Complaints Handling
Thermolinks Concepts shall acknowledge non written complaints at the time it is communicated to us.
A written complaints shall be acknowledged by a Licensee and acted upon within the timeframe set out in the NCC Quality of Service Regulations
No Content Provider consumer Complaints shall remain unresolved for 3 months
Thermolinks Concepts shall implement the facilities necessary and needed for customers to report faults 24 hours a day
Thermolinks Concepts shall comply and cause their customers to comply with the relevant fault repair mechanism and standards set out in the Commission's Quality of Service Regulations.
Thermolinks Concepts shall endeavour to give advance warnings of anticipated service disruption or outage, the services and the area affected and any compensation that may be applicable or other remedies.
In the event of spurious complaints, the subscriber shall be accordingly notified.
In the event of Force Majeure, endeavours shall be made to rectify the fault within such a reasonable period in the given circumstances.
52. Charges
Complaints handling processes are 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 twenty-four (24) months old.
Where that retrieval results in any incremental expense or significant inconvenience, charges may be imposed.
Any such charges shall be identified, communicated and agreed with the subscriber before billing.
53. Further Recourse Relating to Service Level Agreement
Where complaints on a service that requires seven days resolution period is unresolved after seven days, it may be escalated to NCC, and resolution ensured within 30days from the day of its first report to Thermolinks Concepts.
Where such complaints requires less than seven days resolution period, it shall be handled in accordance with the Service Level Agreement.
54. Action on Disputed Charges:
When there is an unresolved complaint or billing dispute, payment shall be made of any outstanding amounts other than the amount that is specifically in dispute.
Additional charges in form of credit management or interest shall not be imposed while the dispute is being resolved.
55. Internal Data Collection and Analysis
We shall have appropriate tracking and recording systems for complaints and their outcomes. The tracking will also help to meet the Quality of Service regulation requirements.
Tracked complaints data shall be categorized and analysed from time to time to allow for identification of recurring problems
The customer will also be informed that a record of the complaints are being kept and if requested, shall describe their complaints and tracking system being used.
56. Review of Complaints Handling and Tracking Process
The complaints handling and tracking process shall be reviewed from time to time to improve efficiency of the process and make any required changes.
57. Changes to Complaints Handling Process:
Any change to the complaints handling and tracking process, including information to the consumers or the NCC shall be updated appropriately.
58. Retention of Records
Information collected and retained as part of our compliant handling process shall be kept for 2 years following the resolution of the complaints or as may be required by law.
59. Audit of Complaints Handling and Tracking Process By NCC
NCC may from time to time audit how complaints are handled or tracked as provided in section 141 of the Act
60. Environmental, Health and Safety:
We shall comply with any relevant environmental, health and safety legislation, including applicable policies and guidelines from NCC.
ENFORCEMENT AND COMPLIANCE
61. Complaints on Non-Compliance
a. Consumer Complaints Thermolinks Any complaints by any customer will first be lodged and dealt with by Concepts in accordance with the provision of this code. Where a Content Provideror customer lodges a complaint with the Commission without first contacting us, the Commission will forward the complaint to Thermolinks Concepts for resolution in accordance with our complaint handling process detailed in this Code. Customers who have exhausted Thermolinks Concepts dispute resolution Mechanism and are still dissatisfied with the outcome may apply to the NCC for arbitration of the matter in dispute and shall comply with the provision of the NCC Dispute Resolution Guidelines
b. 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 duly.
62. APPEAL PROCESS
Where a decision of NCC is not accepted by a party, that party may challenge the decision pursuant to and in accordance with the practices and procedures specified in section 86 to 88 of the Act.
Miscellaneous
63. Expenses on Dispute Resolution
The parties to a dispute shall be responsible for their individual costs or expenses associated with any dispute resolution, unless where otherwise determined by NCC.
64. Confidentiality
Any information disclosed in the cause of a complaint or in compliance proceedings under this code may be protected as confidential information pursuant to sections 59,60 and 86(3) of the Act
65. Compliance Summary
This Consumer Code of Practice is a brief and accessible summary of the terms for the provision of Thermolinks Concepts Services to customers.
