1. In order to provide electronic communications services to its subscribers, LCOM CC (“LCOM”) holds licences issued by the Independent Communications Authority of South Africa (“ICAS””).
2. ICASA requires that all licence-holders comply with, inter alia, the:
3. LCOM has developed a Code of Conduct & Service Charter in line with these Regulations and will strive to follow this in its interactions with its Consumers insofar as they are applicable.
4. The ICASA Code of Conduct Regulations 2007 are available here.
5. The ICASA End-User and Subscriber Service Charter Regulations 2016 are available here.
6. “Busi”ess Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa.
7. “Busi”ess Hours” means 08h00–17h00 on Business Days.
8. “Cust”mer” means a subscriber or potential subscriber of LCOM.
9. LCOM makes the following key commitments and will endeavour to:
10. Customers have the right to refer Complaints to ICASA as more fully set out in LCOM’s Complaints Procedures.
11. The ICASA Code of Conduct Regulations 2007 stipulate the following (non-exhaustive) list of consumer rights held by consumers:
12. The following information can be obtained from LCOM by email request to email@example.com with no charge payable), and is available for inspection at LCOM’s offices during Business Hours:
13. LCOM 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.
14. Billing terms are also set out on LCOM’s invoices.
15. Where a product is defective, LCOM will investigate the issue and will replace it in accordance with the manufacturer’s warranty for that product.
16. Where applicable, LCOM 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 explicitly consents to the use of all information supplied by the Customer for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005, as amended.
17. LCOM will provide the Customer with a copy of the written contract and/or terms and conditions (or link thereto) upon finalisation of a service agreement or as soon as is reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of these documents will be provided to the Customer within 7 Business Days.
18. These documents will contain clear provisions relating to the nature of the contract, the rates and rules for the service, date and period of invoicing, the minimum duration of the contract, the manner and notice period for termination, any payments or rules which may be applicable for early termination, the possibility of tariff changes during the contract term, any additional costs (deposit, connection fee, administrative fees, insurance costs, hardware costs) that may be applicable, fair usage and other policies, and any other rules which may govern the relationship between LCOM and the Customer.
19. Where LCOM makes changes to the terms and conditions of its services, LCOM will inform the Customer of such changes within a fair and reasonable period.
20. The End-User and Subscriber Service Charter Regulations 2016 set out the following quality of service parameters for Fixed Services, Fixed Wireless and Mobile Services (as defined therein):
21. LCOM will, subject to events and conduct beyond its reasonable control, adhere to the aforementioned quality of service parameters insofar as these apply to LCOM.
22. Customers acknowledge that LCOM is directly dependent on network and other services provided by third parties in providing the services and meeting the standards set out above (insofar as they are applicable), and that LCOM cannot be held liable in any manner whatsoever for any failure to meet any specified standards where this results from the acts and/or omissions of such third parties.
Last Updated: September 2017