Reflex Solutions Code of Conduct
and Service Charter
Introduction
1.
In order to provide electronic communications
services to its subscribers, Reflex Solutions (Pty) Ltd (“Reflex Solutions”) holds
licences issued by the Independent Communications Authority of South Africa (ICASA).
2.
ICASA requires that all licence-holders comply
with, inter alia, the:
2.1.
ICASA Code of Conduct Regulations 2008, which
sets out minimum standards of conduct when providing services to subscribers or
dealing with potential subscribers; and
2.2.
ICASA End-user and Subscriber Service Charter
Regulations 2009, which sets out minimum quality of service standards applicable
to services provided to subscribers and potential subscribers.
3.
Reflex Solutions has developed a Code of Conduct
and Service Charter in line with these Regulations and will strive to follow this
in its interactions with its Consumers.
4.
The ICASA Code of Conduct Regulations 2008 is available
here.
5.
The ICASA End-user and Subscriber Service Charter
Regulations is available
here.
The following definitions find application throughout all Reflex Solutions documentation:
“Billing Dispute”
means
an instance where a Customer states in good faith that their
bill contains incorrect charges, payments or adjustments.
“Billing Dispute Notice”
means a notice submitted by the Customer in terms of this Procedure.
“Billing
Disputes Handling Procedure”
and “this Procedure” mean this Billing Disputes
Handling Procedure for the initiation and resolution of Billing Disputes.
“Billing Enquiry”
means the situation where the Customer seeks information or clarification relating
to an Invoice including without limitation seeking clarification of charges or sources
of usage. For the avoidance of doubt, this is not a Billing Dispute.
“Business Day” means any day other than a Saturday or Sunday or a public
holiday observed as such in the Republic of South Africa.
“Business Hours” means 08h00–17h00 on Mondays–Fridays.
“Complaint”
means an expression of dissatisfaction or grievance made by a Customer, but does
not include a request for information. Billing Disputes are a specific form of Complaint
dealt with only under the Reflex Solutions
Billing Disputes Handling Procedure.
“Customer” means a
Reflex Solutions subscriber or potential subscriber.
6.
Reflex Solutions makes
the following key commitments and will endeavour to:
6.1.
Act in a fair, reasonable and responsible manner
in all dealings with Customers;
6.2.
Ensure that all its services and products meet
the specifications as contained in Reflex Solutions ’s licences and all the relevant
laws and regulations;
6.3.
Not unfairly discriminate against or between Customers
on the basis of race, gender, sex, age, religion, belief, disability, ethnic background
or sexual orientation;
6.4.
Display utmost courtesy and care when dealing
with Customers;
6.5.
Provide Customers with information regarding services
and pricing;
6.6.
Where requested to do so provide Customers with
guidance with regard to their service needs; and
6.7.
Keep the personal information of Customers confidential
unless Reflex Solutions is:
6.7.1.
Otherwise authorised or required by law or order
of Court;
6.7.2.
In possession of written authorisation from the
Customer to do so; and/or
6.7.3.
Required to release such information for the purpose
of briefing Reflex Solutions’ auditors or professional advisors or an accredited
debt collection agency.
7.
Subscribers and potential subscribers have the
right to refer Complaints to ICASA as more fully set out below.
8.
The ICASA Code of Conduct Regulations 2008 stipulate
the following (non-exhaustive) list of consumer rights held by subscribers and potential
subscribers:
8.1.
A right to be provided with the required service
without unfair discrimination;
8.2.
A right to choose the service provider of your
choice;
8.3.
A right to receive information in your preferred
language (Reflex Solutions will do
its best to meet this request where reasonable);
8.4.
A right to access and question records held by
Reflex Solutions and which relate to the Customer’s relationship with Reflex Solutions;
8.5.
A right to the protection of the Customer’s personal
data, including the right not to have personal data sold to third parties without
the Customer’s permission;
8.6.
A right to port a number in terms of applicable
regulations;
8.7.
A right to lodge a complaint; and
8.8.
A right to redress.
9.
Reflex undertakes to protect any consumer information
accumulated, and to do the following with such consumer information:
9.1.
use the information only for the purpose permitted or
required;
9.2.
report or release the information only to the
consumer or prospective consumer;
9.3.
only release that information to another person:
9.3.1.
when directed by the written instruction of the consumer
or prospective consumer,
9.3.2.
when directed by an order of a court,
9.3.3.
during the process of collection of debts owed to
the licensees to accredited debt collection agencies,
9.3.4.
by the licensees' auditors for the purpose of
auditing their accounts, or
9.3.5.
in terms of any applicable law.
Availability
of Information
10.
The following information can be obtained from
the Reflex Solutions website (www.reflex.co.za)
or by email request to
presales@reflex.co.za (with no charge
payable), and is available for inspection at Reflex Solutions’ offices during Business
Hours:
10.1.
Reflex Solutions’ range of services / products on offer;
10.2.
Tariff rates applicable to each service offered;
10.3.
Terms and conditions applicable to such services / products;
10.4.
Payment terms;
10.5.
Billing, billing processes and the Billing Disputes Handling Procedure;
10.6.
Complaints Handling Procedure, and
10.7.
Relevant contact details
11.
Reflex Solutions will provide the Customer with
an itemised bill or invoice on request or where this is specified as part of the
services provided to the Customer.
12.
Billing terms are also set out on Reflex Solutions’
invoices – invoices are send out in advance on the 25th
of the month, to be paid by the 7th of the following month.
13.
Payment may be made by EFT or debit order. Payment may also be made by credit card
via the iVeri Payment Gateway – Reflex accepts MasterCard and VISA.
14.
The merchant outlet country at the time of presenting payment options to the cardholder
is the Republic of South Africa and the transaction currency is South African Rand
(ZAR).
15.
Where applicable, Reflex Solutions reserves the right to subject any application
for services and/or products, including variations to existing services and/or products,
to credit referencing and analysis by registered credit bureaux, and the Customer
consents to the use of all information supplied for this purpose and for the purpose
of compliance with the National Credit Act 34 of 2005.
Defective
items
16.
Where Reflex Solutions does provide Customers
with any equipment, it will be reported and replaced if still under the warranty
if found to be defective.
17.
Reflex Solutions will provide the Customer with
a copy of the written terms and conditions upon finalisation of a service agreement
or as soon as is reasonably possible thereafter. Where an agreement is entered into
telephonically, a copy of the written terms and conditions thereof will be provided
to the Customer within seven (7) Business Days.
18.
Where Reflex Solutions affect changes to the terms
and conditions of its service, Reflex Solutions will inform the Customer of such
changes within a fair and reasonable period.
19.
Reflex Solutions will,
subject to events and conduct beyond its reasonable control,
19.1.
provide a minimum of 95% network service availability measured over six (6) months;
19.2.
provide a minimum of 95% service availability measured over six (6) months;
19.3.
attain a 90% success rate in meeting requests for installation and activation of
service for qualifying service applicants within thirty (30) Business Days, while
meeting the balance of requests within forty (40) Business Days;
19.4.
provide full reasons to the Customer where Reflex Solutions is not able to meet
a request for service within these time periods within seven (7) Business Days of
receipt of request for same;
19.5.
attain a 90% success rate within seven (7) Business Days in meeting requests for
activation of a service while meeting the balance of requests within fifteen (15)
Business Days;
19.6.
provide full reasons to the Customer where Reflex Solutions is not able to meet
a request for activation within these time periods within seven (7) Business Days
of receipt of request for same;
19.7.
maintain an average of 90% fault clearance rate for all faults reported within three
(3) Business Days, with the balance to be cleared within six (6) Business Days of
the reporting of the fault;
19.8.
respond within three (3) minutes (averaged over six months) to any call directed
to the Reflex Solutions call centre;
19.9.
monitor its network 24/7/365.
20.
Customers acknowledge that Reflex Solutions is
directly dependent on network and other services provided by third parties in providing
the services and meeting the standards set out above, and that Reflex Solutions
cannot be held liable in any manner
whatsoever for any failure to meet such standards where this results from the acts
and/or omissions of such third parties.
21.
Any queries relating to this Code of Conduct should
be sent to
presales@reflex.co.za.
22.
This Code of Conduct forms part of the Terms and
Conditions applicable to the use of Reflex Solutions’ services and products and
is incorporated therein.
Last updated: 31 March 2012
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