Central to the development of the Telecommunications Dispute Resolution (TDR) service was the creation of industry-wide Customer Service Standards. These Standards described below apply to residential and small business customers of telecommunications companies who are members of the TDR service. The Standards cover a range of common issues including changes to service, billing and faults, and equipment ownership and maintenance.
With the creation of the new Customer Service Standards consumers and small businesses can be assured they will be treated in a fair and reasonable manner, and that they know what to expect in their dealings with any telecommunications provider that is a member of the TDR service.
The development of these common Customer Service Standards is a first for the New Zealand telecommunications industry. It demonstrates an unprecedented level of industry cooperation and commitment to provide their customers a consistently high quality of service.
The Service Standards cover:
The Service Standards should be read and interpreted in conjunction with the Statement of Principles which underpin the Service Standards purpose and objectives.
Customers can expect their Scheme Member to provide service in line with the following principles:
a) Scheme Members will treat Customers with respect and in a fair and courteous manner at all times.
b) All information given to the Customer will be accurate, up-to-date and in plain English, acknowledging
telecommunications technology is fast moving and complex.
c) Scheme Members will be clear in their communications to Customers; deliver on promises and will use
reasonable endeavours to provide service in a timely manner, acknowledging that there may be delays in
providing service in certain circumstances. If delays occur, the Service Provider will keep the Customer
informed.
d) Scheme Members will comply with the law.
Scheme Members will make relevant terms and conditions for provision of service available to Customers. In taking up the service Customers will be deemed to be in contract with the Scheme Member. The terms and conditions will clearly set out the key rights and obligations of the contracting parties.
The Customer Complaints Code (Code) explains to Customers what they can expect in their dealings with a Scheme Member. In particular, it sets out expectations in terms of the Service Standards Customers can expect from Scheme Members and how a Customer can expect a complaint to be managed.
Provisions of the Code will take precedence to the extent that there is any inconsistency between the Scheme Member’s terms and conditions and the Code.
Service Standards
The Service Standards are set out below.
A Scheme Members terms and conditions with their Customer must:
a) Be accurate, up-to-date and in plain English, acknowledging telecommunications technology is fast moving
and complex;
b) Clearly set out the key rights and obligations of both the Scheme Member and the Customer; and
c) Be easy for Customers to obtain or access.
The Code recognises that Scheme Members may change their terms and conditions, prices and services from time to time.
Changes to terms and conditions
- Where changes to terms and conditions may have a material detrimental effect on the Customer, Scheme Members will provide a minimum of 10 Working Days and wherever possible at least one month notice of these changes.
- Scheme Members terms and conditions must describe how the Scheme Member will communicate any changes. In any case, any changes to the frequency of billing must be individually communicated to the Customer.
- For the avoidance of doubt, individual communication may include, for example, notification via bill insert, email or text message.
Changes to price
- Where Scheme Members increase prices for services provided under a specific plan or on a recurring basis, Scheme Members will give affected Customers who are readily identifiable a minimum of 10 Working Days and wherever possible at least one month notice of these changes.
- Scheme Members terms and conditions must describe how the company will communicate any changes. Where there is a material price increase, Scheme Members must individually communicate this to the Customer.
- For the avoidance of doubt, individual communication may include, for example, notification via bill insert, email or text message.
- Scheme Members will ensure that up-to-date information about how much their products and services cost is easily accessible by the Customer.
- For the avoidance of doubt, Scheme Members do not need to notify Customers of price decreases or of promotional offers that have stated end dates.
Changes to services
- Scheme Members will ensure that information about their service offerings is easily accessible by the Customer.
- Where a Scheme Member intends to alter a service offering such that it materially reduces the service offering currently received by the Customer, where practical Scheme Members will provide Customers who are readily identifiable as subscribers or regular users of that service with no less than 10 Working Days notice and wherever possible at least one month notice of such changes.
- Scheme Members must individually communicate the changes described above. For the avoidance of doubt, individual communication may include, for example, notification via bill insert, email or text message.
- Where Scheme Members alter services that are free to Customers, Scheme Members terms and conditions will outline the notification period (if any) and form of notification of such changes.
Instances where a Scheme Member is unable to contact the Customer
- Where a Scheme Member cannot readily identify the Customer they are exempt from the obligations set out in this section, for example, calling card Customers.
If a service is discontinued, Scheme Members will where practical try to move Customers to a comparable service.
Customers might not be able to receive all services, in all places, at all times at optimum levels. Where the information is reasonably available, the Scheme Member will advise the Customer at the time of purchase that they may not be able to receive a service.
The Scheme Members terms and conditions should set out that the Customer is liable for the charges for all the services provided, no matter who uses them. If an account is overdue Customers may be charged a late payment fee.
Scheme Members will make all reasonable efforts to ensure billing accuracy and in the event that an error occurs, Scheme Members will use reasonable efforts to correct any billing inaccuracies in a timely manner.
If the Scheme Member identifies that it has overcharged the Customer and the Customer has not yet paid the overcharged amount, the Scheme Member must, in a reasonable timeframe, provide a credit to the Customer’s account. If the Scheme Member identifies that it has overcharged the Customer and the Customer has paid the overcharged amount the Scheme Member must provide either a credit or a refund to the Customer within a reasonable timeframe. A refund would be provided in circumstances such as; where the Customer no longer receives services from the Scheme Member; or where the credit is substantially greater then the average amount owing on the Customer’s bill.
If undercharging is found to have occurred, the Scheme Member will provide a reasonable period for the Customer to repay the amount owed.
If there is a query with a bill the Customer may dispute the bill with the Scheme Member. Customers do not need to pay the disputed part of the bill while their Scheme Member investigates and confirms whether there has been an error.
Scheme Members bills must set out the billing period.
Fixed and variable charges should be set out separately on the bill, unless it is agreed between the Customer and the Scheme Member that the bill presentation should differ.
Scheme Member terms and conditions must set out the conditions under which Customers can be disconnected.
Where a Scheme Member intends to disconnect a Customer because the Scheme Member considers that the Customer has not paid a bill, disconnection should only be considered if the Scheme Member has used reasonable endeavours to notify the Customer that they have outstanding amounts owing.
Scheme Members will notify Customers at least 5 Working Days before the Scheme Member will disconnect the Customer for non-payment. For the avoidance of doubt such notice is not required where access to services is restricted. Restriction of service may include for example the application of a toll bar, or a bar to internet access.
If a Customer has lodged a Complaint in relation to a bill dispute via the Telecommunications Dispute Resolution Scheme (TDRS) in accordance with the process set out in the Code, the Scheme Member must not disconnect services relating to the dispute or commence credit recovery action until the process is completed. For the avoidance of doubt, services may be restricted.
A Customer should not be disconnected for non-payment of part of an account that is the subject of a Complaint to the independent Scheme Agent. However, a Customer may be disconnected for non-payment of that part of an account which is not in dispute.
Scheme Members may disconnect Customers without notice where they reasonably deem Customer activity to be malicious, illegal, fraudulent; or activity which may pose a material threat to the Scheme Member’s network or other users.
Scheme Members will make information available about when charges for temporary disconnection and or reconnection apply, and explicitly outline the amount of these.
Scheme Members will do their best to provide reliable, quality services, although they cannot guarantee they will be continuous or fault free.
Scheme Members will provide readily accessible information as to how to contact customer service and when customer service is available.
Scheme Members will fix network faults in their network at no charge to the Customer, except in instances where the Customer has caused or contributed to the fault.
Scheme Members will ensure that all equipment provided to Customers by them or their accredited agents:
a) approved for use on the Scheme Member’s network; and,
b) will operate on the Scheme Member’s network (subject to any service or coverage limitations).
For the avoidance of doubt, the statutory guarantees provided under the Consumer Guarantees Act 1993 apply, unless a Customer uses, or holds themselves out as using, the services for the purposes of a business and the Scheme Member has contracted out of the Act, in accordance with the Act.
Scheme Member terms and conditions must include provisions permitting reasonable access to a Customer’s premises for the direct purposes of the Scheme Member or any agent or subcontractor. The terms and conditions should also set out the consequences of not granting access. Agents or subcontractors must carry sufficient identification to confirm them as such.
Scheme Member terms and conditions must provide information outlining the responsibilities of the Customer and the Scheme Member in relation to any equipment that is owned by the Scheme Member and located in the Customer's home or business to enable the Customer to use services, such as cabling or a decoder. The responsibilities should include who bears the cost of the Customer returning equipment to be repaired.
Scheme Members terms and conditions must define the situations covered under Force Majeure clauses and explain how a Scheme Member will respond in such circumstances.
Definitions
“Billing Relationship” means a relationship where the Scheme Member has a bona fide right to charge the Customer for any chargeable activity relating to the provision of Telecommunication Services to that Customer. A Billing Relationship includes prepay Customers.
“Complaint” means a genuine expression of dissatisfaction with Telecommunications services, systems, processes and/or staff. Please see clause 16 and 17 of the Code for further details.
“Customer” means a person who has a bona fide Billing Relationship with a Scheme Member in respect of a Telecommunication Service. The Customer is the end user (i.e. not a wholesale customer). For the purposes of the Code Corporate Customers and Government Customers are excluded.
"Corporate Customer” means a business Customer of a Scheme Member that has 20 or more full time employees.
“Further Recourse” means any avenue beyond a Scheme Member’s internal Complaints handling process for resolution of a Complaint.
“Government Customer” means any New Zealand Government department or Government purchasing agent which is a Customer of a Scheme Member.
“Scheme Member(s)” means a provider of Telecommunication Services to a Customer, and who has the Billing Relationship with the Customer for that Telecommunications Service and who has signed the Scheme Deed. Scheme Members include TCF members and non-TCF members.
“TDRS” see Telecommunications Dispute Resolution Scheme.
“Telecommunications” means the conveyance by electromagnetic means from one device to another of any encrypted or non-encrypted sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether for the information of any person using the device or not; but excluding any conveyance that constitutes broadcasting as defined by the Broadcasting Act 1989.
“Telecommunication Service(s)” means any goods, services, equipment, and facilities that enable or facilitate Telecommunication. For the avoidance of doubt, this excludes Yellow Pages directory service listings.
“Working Day” means a day on which registered New Zealand banks are open for normal banking business, excluding Saturdays, Sundays and nation-wide New Zealand public holidays. Regional public holidays are considered to be Working Days.