ENVERGE LIMITED

CONSUMER CODE OF PRACTICE

1. INTRODUCTION

Enverge Limited is an Interconnect Exchange Licensee in Nigeria. Enverge is regulated by the Nigerian Communications Commission (NCC).

At Enverge Limited, we consider honesty and integrity to be the hallmark of long-term success which ultimately contributes to the ethical wellbeing of us all. Our professional standards are therefore exceptionally high and we have systems and processes in place to ensure compliance with anti-bribery and corruption laws.

This Code has been made with the aim of encouraging a regulated relationship between Enverge Limited and Telecom Operators on technical matters in the conduct of their operations within the telecommunications industry.

2.    Definitions and Interpretations

Definitions: included in the Nigerian Communications Act, and Regulations, Directions and Orders published under the Act, and license agreements shall apply whenever available and shall take precedence. In addition, as used in this Code, the following terms shall have the meaning indicated hereunder:

• Access provider: means a licensed carrier who provides access of its telecommunications facility for usage by another licensed
• Access Seeker: means a licensed carrier who applies for or intends to gain access of another licensed carrier’s telecommunications facility for usage or carriage services.
• Act: means the Nigerian Communications Act 2003.
• Agreement: means the Agreement entered into by interconnecting carrier’s in accordance with the Code
• Apparatus: means Telecommunication Apparatus
• Applicable Systems: means all necessary equipment, systems, and sub systems engineering to provide the services in accordance with the operational, technical and quality requirements.
• Authority: means NCC or ENVERGE LIMITED as appropriate.
• Basic Telephone Service: means the collection, carriage, transmission and delivery of voice or non – voice messages over the Licensee’s Network and includes provision of all types of services as defined by NCC, except those, which require separate license.
• Billing Information means information necessary to ascertain the charges payable by either party under the Agreement.
• BHCA means Busy Hour Call Attempt
• Busy Hour means the continuous one-hour period lying wholly in a given time interval for which the traffic is highest.
• Call Attempt means an attempt to achieve a connection to one or more devices attached to a Telecommunications Service.
• CDR means Call Data Records
• CLI means the process that identifies and transfers the identity (number) of the calling party from one network to the other.
• Carrier(s) means, the holders of a valid carrier license, may include SMP operator, the access provider and access seeker.
• Condition means, in relation to a license, a condition or restriction to which the license is subject to, or will be subject to, as the case requires.
• Directions means: directions issued by the competent Authority under the Nigerian Communications
• EI Level means a primary PCM with Bandwidth of 2.048 Mb/s.
• Effective Date means the commencement date of the Agreement
• Equipment means any apparatus or equipment hardware or software used or intended for use in or in connection with a telecommunications network but does not include a line.
• Facility means, any part of the infrastructure of telecommunications network, any line, equipment, tower mast antenna, tunnel hole, pit pole or other structure or thing used for use in or in connection with a telecommunications
• Gate way means the provision of an interface between two (2) networks.
• Gateway Exchange means the Switch where the networks of different Carriers are interconnected.
• Gateway MSC means the MSC that interfaces with another Network
• GOS means Grade of Service
• GSM means Global Mobile System
• ITU-T (formerly CCITT) means, the standardization Sector of the international Telecommunications Union, the international telecommunications standard – setting
• ISUP means integrated Service Digital Network (ISDN) user part.
• IUC means interconnect usage Charge (Note: Charging matters to be dealt with by NCC)
• Incumbent means a licensed carrier with established telecommunication infrastructure, which shall be able to interconnect with new entrant carriers or interconnection seeking carriers of
• Interconnection means the physical and logical connection of the services of one (1) telecommunications carrier to another.

• Interconnection agreement means a technically negotiated and signed resolution between two interconnecting parties, usually an Access Seeker and Access Provider and/or other Service Providers in order to receive and/or provide all interconnection services between their networks. This agreement shall arrive at in accordance with the Code.
• Interconnection Charges means the charges payable for interconnection and use of Network resources of one service provider by another Service Provider.
• Interconnection Provider means the service provider to whose network an interconnection is sought for providing telecommunications services.
• Interconnection seeker means the service provider who seeks interconnection to the network of the interconnection provider.
• License agreement means the License issued by NCC under that Nigerian Communications Act.
• License means a person who is the holder of a license issued under the Nigerian Communications Act 2003 and for the avoidance of doubt, this include a carrier.
• Line means, a wire, cable optical fiber, tube, conduit, wave-guide or other physical medium used or intended for use as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.
• Local Call is a call originating and terminating in the same local charging areas, which is charged at local call rates.
• Market means the market for telecommunication service.
• National Long Distance Services means picking up; carriage and delivery of switched bearer telecommunication service over a long distance network i.e. a network connecting different Local Charging Areas.
• National Long Distance Service means picking up, carriage and delivery of switched bearer telecommunication service over a long distance network i.e. a network connecting different Local Charging Areas.
• National Standard means standard set by ENVERGE LIMITED
• Non- discrimination in interconnection charge means that service providers shall not; in the matter of interconnection discriminate between the similarity situated and similar class of service providers.
• Network means, a telecommunications network to supply services between places within PNG and from place within PNG to places outside
• Order means the orders issued by the Government under the Nigerian Communications Act.
• Originating Network means the network to which an doriginator of a telecommunication message is proximately connected
• Originating/ Transit /Terminating Service Provider means the service provider whose network is used for originating/transit/ terminating a telecommunications message respectively.
• PDH means Plesiochronous Digital Hierarchy
• Point of Presence (POP) means setting up of switching center or/and transmission Centre of appropriate capacity by Service Provider to provide, on demand, service of prescribed quality and grade of service in a non- discriminatory manner.
• Port means an access point in equipment e.g. Exchange, that allows connection with other equipment or network with defined characteristics (impedance and bandwidth).
• PSPDN means Packet Switched Public Data Network
• Point of Interconnection (POI) means a mutually agreed upon point of demarcation where the parties’ networks interconnect and where the exchange of traffic between the two parties takes place.
• QOS means Quality of Service
• Regulations means the regulation issued from time to time by the ENVERGE LIMITED in exercise of its powers under the Nigerian Communications Act.
• Signaling System 7 means international common-channel signaling (CCS7) system based on ITU-T Recommendation number An addressing protocol that speeds up call processing by operating out of band and includes fraud detection, caller ID, store and forward, ring back, e.t.c.
• Switch means an automatic telephone exchange
• SDH means Synchronous Digital Hierarchy
• Nigerian Communications Act 2003 means, the Nigerian Communications Act 2003 including any amendments thereto and subsidiary legislation made thereunder.
• Service Impairment means any interference with or impairment of service over any facilities of a party.
• Service Area means the geographical area specified under the license throughout which the services are provided.
• SLA means Service Level Agreement
• System means a telecommunication network consisting of access network, switching nodes and transmission links, together with the operation and maintenance systems and network management systems.
• Terminating Network means the network to which a receiver of a telecommunication message is proximately connected to.
• Transit Network means the intermediate network through which telecommunication messages from originating networks or other transit networks are transmitted and delivered to terminating networks.

3. PROVISION OF INFORMATION TO OPERATORS

Detailed information as regards this section are contained in:

• Interconnect Agreement with Operators, and

1. Service Levels Agreement (S.L.A)

4. DESCRIPTION OF SERVICE

4.1 Interconnect exchange services

Enverge Limited is a licensed company by the Nigerian Communication’s Commission that provides Interconnect Exchange services for the country’s telecom operators.

4.2    Software Development

Enverge Limited builds software base services and solutions, Creating websites and mobile applications

1. a. Custom Software Development: Building software applications tailored to a client’s specific needs and functionalities.
2. b. Web Development: Creating websites and web applications that run on a web server and can be accessed through a web browser.
3. c. Mobile App Development: Developing applications specifically designed for smartphones and tablets using platforms like iOS and Android.

5.    PRICING INFORMATION

5.1 Contract shall not take effect until parties mutally agree on the pricing and composition thereof. Pricing components may include nut not limited to applicable rates or charges, calculation basis of each charge element, frequency or basis of the collection of the charge, information as to whetehr charges are subject to change and the frequency of such changes and how information on such matters shall be communicated to the Consumer.

6. PROVISIONING OF SERVICE

Provision of services by Enverge Limited shall be in accordance with the service supply time targets set out in the NCC Quality of Service regulations annexed to this Code. Enverge Limited shall however not be liable for any delays or refusals of service request, lack of site availability or infrastructure availability which is beyond its control.

7. CONTRACT TERMS AND TERMINATION

Contract with Operators and/or partners shall incorporate standard clauses relating to commencement date, minimum contract term, manner and consequences of premature termination and calculation basis for payment of any penalty therefrom, situations where early termination may be permitted.

8.    AVAILABILITY OF SERVICE

ENVERGE 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 Operators which:

• Substantially affect the performance of the service; and
• Are known to Enverge Limited

9.    AVAILABILITY OF SERVICE

The Advertising Practitioners Council of Nigeria (APCON) regulates advertising practices in Nigeria, has established the Nigerian Code of Advertising Practice. ENVERGE LIMITED 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 the promotion of telecommunication services set out in this Code.

10. BILLING INFORMATION

Enverge Limited shall ensure that, at a minimum, the following information is included in any bill issued by it or on its behalf:

1. The Operators billing name and address;
2. Enverge Limited current business name and address;
3. A way of identifying the bill uniquely, using distinct references;
4. A description of the charges for which the Operator is billed;
5. The billing period
6. The total amount billed, applicable credits, payments or discounts, and the net amount payable by the Operator;
7. The date on which the bill is issued;
8. Methods of bill payments (i.e. Banking Instruments);

11. ITEMIZATION OF CHARGES

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

12. TIMING FOR INSSUANCE OF BILL

Enverge Limited shall process and issue bills within 30 days of the closure of each billing period.

13. RECEIPTS AND OPERATOR PAYMENT ADVICE

Enverge Limited shall ensure that Operators are able to verify their bill payment by acknowledgement of payment via mail, telephone confirmation or other appropriate and accessible methods.

14. BILLING FREQUENCY

Enverge Limited shall provide Operators with advance written notification of any proposed changes in billing periods such advance notification to be at least 2months in advance where the billing period being changed is monthly.

15. NON-PAYMENT

Where an Operator has not paid Enverge Limited all or part of a bill for services provided by Enverge Limited, any measure taken by Enverge Limited to effect payment or disconnection shall-

1. be proportionate and not unduly discriminately; and
2. be accompanied by appropriate warning to the Operator in advance of any resulting service interruption or disconnection;
3. Confine any service interruption or disconnection to the services concerned, as far as technically feasible.

16. INFORMATION BETWEEN PARTNERS:

Enverge Limited shall provide easily understood information about their complaint processes in various media and formats, including as specifically directed by the Commission from time to time.

Enverge Limited shall ensure that Operators can easily identify how a complaint may be lodged, either at Enverge Limited’s premises or using identified forms of telecommunications. All complaints will be recorded by Enverge Limited, and processed in accordance with identified practices and procedures.

17. SPECIAL NEEDS

Enverge Limited is encouraged to make adequate provision to ensure that people with physical disabilities or other special needs are able to access their complaint handling processes, including ensuring that Operators can be easily represented by their authorized representatives in order to make a complaint. In cases where Operators specifically request assistance in lodging complaints, Enverge Limited is encouraged to provide reasonable assistance.

18. COMPLAINTS PROCESS

Written complaints shall be acknowledged by Enverge Limited and acted on within any time frames set out in the Commission’s Quality of Service Regulations (or as otherwise directed by the Commission from time to time). Enverge Limited can acknowledge and otherwise initially respond to a complaint either verbally or in writing, but should make reasonable efforts to make the initial response in the manner requested by the complainant.

Non-written complaints shall be taken as acknowledged by Enverge Limited at the time the complaint was communicated.

Where possible, Operators shall be advised when they make a complaint of the expected actions and timing for investigating and resolving the complaints. In the event that Enverge Limited regards the complaint as frivolous or vexations, the Operator shall be informed accordingly and if dissatisfied the Operator shall have the further recourse described below. In any event, no Operator complaint shall remain unresolved for more than three (3) months.

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

19. CHARGES

Enverge Limited 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. Enverge Limited shall inform the Operator that, while the complaint or dispute, is being investigated, the Operator is obliged to make payment of any outstanding amounts other than the amount that is specifically in dispute.

20. FURTHER RECOURSE

Enverge Limited shall review their complaint handling and tracking processes from time to time to ensure effective processing, of complaints. Enverge Limited shall also report on the outcome of these reviews as requested by the Commission, and shall make any changes to complaint handling and tracking processes identified, by the Commission.

21. ACTION ON DISPUTED CHARGES

Where Enverge Limited intends to take disconnection or credit management action against an Operator regarding any amount that has been the subject of a complaint or dispute, the Enverge Limited will specifically notify the Operator before taking the intended action.

22. INTERNAL DATA COLLECTION AND ANALYSIS

Enverge Limited shall ensure availability of appropriate recording system for complaints and outcomes which shall comply with the requirements of the Commission’s Quality of Service Regulations such that recurring issues are easily tracked for effective processing.

23. COMPLAINT HANDLING PROCESS

All complaints by Operators will first be lodged and dealt with by Enverge Limited in accordance with Part VII of this Code. Where an Operator lodges a complaint with the Commission and does not initially contact Enverge Limited, the Commission will forward the compliant to Enverge Limited for resolution in accordance with Part VII of this General Code.

24. RETENTION OF RECORDS

Information collected and recorded as part of Enverge Limited’s complaint handling processes shall be retained by Enverge Limited for at least twelve (12) months following resolution of a complaint.