Consumer Code of Practice

Document ID:
LEG P003
Version: 01
Created: 24 Nov
2014
Updated 08 Sept
2020
Process Owner:
Ifeoma Ejiofor

Copyright @ 2020 Layer3 Limited
All Right Reserved
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Consumer Code of Practice

24 Nov 2014

Table of Contents
Section 1

Document Information and Control ............................... 3

1.1

Revision History..................................................... 3

1.2

Document Approvers .............................................. 3

Section 2

About Layer3 ............................................................. 4
2.1 Our Mission .......................................................... 4

Section 3

How to Contact Layer3 ................................................ 5

Section 4

Range of Services ....................................................... 5

Section 5

Our Obligations .......................................................... 6

5.1

Getting Services Installed ........................................ 6

5.2

Replacement of Equipment ....................................... 6

5.3

Billing and Payment................................................ 6

5.4

Fault Reporting: .................................................... 8

5.5

Suspension and Restoration of Service (SERVICE INTERRUPTION)…………………………………………………………………………………………….. 8

Section 6

Contract Terms and Conditions of Service ...................... 9

Section 7

TERMINATION ........................................................... 9

Section 8

PRODUCT WARRANTIES AND MAINTAINANCE ...............10

Section 9

INFORMATIONTO CONSUMERS (ComplaintsHandling,Complaints Process)11

9.1

SPECIAL NEEDS....................................................11

9.2

CHARGES............................................................11

9.3

FURTHER RECOURSE .............................................12

Section 10 ACTION ON DISPUTED CHARGES .................................12
Section 11 DATA COLLECTION AND ANALYSIS OF COMPLAINT & OUTCOME . 13
11.1 RETENTION OF RECORDS.......................................13
Section 12 OTHER INFORMATION ................................................13

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Section 1 Document Information and Control

1.1 Revision History
Revision History
Revisio
n#
00

Date

Description of Changes

Author21 June 14

Document Created and Submitted Manasoko Yakubu

01

24 Nov 14

Transfer to Document template

02

08 Sep 20

Document Updated and Submitted If eoma Ejiofor

Morenike Ayeni

1.2 Document Approvers
Signature of Approvers

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Role or Title

Name

Signature

Date

Document Creator

Manasoko Yakubu

24 Nov 14

MD/CEO

Oyaje Idoko

24 Nov 14

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Section 2 About Layer3
Layer3 is a leader in cloud, secure and scalable networks. We combine ourknowledge of world-class technology solutions and our partnership with someof the global technology providers to design, implement and support our clients’business transformation ambitions. This includes the innovation of the data
center, sof tware, server & storage systems, mobile device management,
security & network inf rastructure solutions and access solutions including
broadband and VPN services. These solutions are all backed by our world-class
support.
Our solutions minimize risks, maximize f lexibility and optimize the use ofcapital with results that exceed our customers’ expectations.
Layer3 is made up of a management team and staff with extensive experiencein the telecommunications and IT industry. Their collective experience spansover twenty years with expertise in the design and deployment of IP voice anddata networks and solutions, LAN, MAN and WAN over different media such asf ixed wireless, Ethernet, f iber and VSAT.
We have f ormed strategic alliances with leading industry players and withhighly trained and dedicated prof essionals; we are well positioned to provide
services to both local and international clients.
Broad Range of Customers
At Layer3, the success of our customers is our priority and our culture drives
us to work closely with them to truly understand their business and technology
needs. This has made us a solution provider of choice f or some of the mostdemanding customers within and outside Nigeria. We work with organizationsof all sizes, in every industry, in both the public and private sectors.
We pride ourselves as being one of the first companies in Nigeria to truly takeadvantage of emerging broadband communications technology to better
serve our customers as they strive to "move into the f uture" of IP services.

2.1 Our Mission
We will exceed our customers’ expectations by delivering cutting-edge
technology solutions through an unwavering commitment to prof essionalism,
innovation and excellent service

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Section 3 How to Contact Layer3
Please f eel welcome to contact us if you need advice, inf ormation, or assistancewith any matter.
General Enquiries
Telephone: 09094 LAYER3 (0909 452 9373)
Website:www.layer3.com.ng
Email: inf o@layer3.com.ng
Our Office
Abuja: 5th Floor, IGI House, 3 Gwani Street, Off IBB Way, Zone 4, Wuse, Abuja
Lagos: Plot 1968 Jide Oki Street, Off Ligali Ayorinde Street, Victoria Island, Lagos
Section 4 Range of Services
Whichever industry you work in, whatever company you work for,Layer3 starts by asking you one simple question “how can we help you
make your business more successful? “With world leading partners such
as Juniper Networks, Cisco Systems, Microsoft, VMware and Zain, Layer3 brings
you high perf orming and secure solutions that are easy to implement and use.
Our solutions include:

1.
2.
3.
4.
5.
6.
7.
8.

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Broadband Internet
Network Security
Metro VPN
Cloud Services
Longhaul FIBER Connect
Virtualization
Managed Services
Prof essional Services

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Section 5 Our Obligations
We have a number of obligations laid down as stipulated by the NigerianCommunications Commission. These cover a number of areas and are aimed atproviding our customers with both choice and consumer protection. We takethese responsibilities very seriously, while aiming to deliver excellent service anda range of products and services to meet our customers’ expectations.
The f ormal details of the general terms and conditions of our contractual
relationship with you can be f ound in your Customer Service Agreement andare also available on our website.

5.1 Getting Services Installed
Initial installation f or the provision of service shall be made by us. During theterm of the service contract, we shall have the right to change any of theinstalled equipment which we are using in providing the service to you, provided
that we use reasonable efforts to minimize any inconvenience to you. We will
use reasonable efforts to give you not less than seven (7) days written noticeof any such change. At the effective date of such change, you must f ore-go thepreviously- occupied equipment.

5.2 Replacement of Equipment
We reserve the right to replace the provided equipment with replacement
equipment upon no less than seven (7) days’ notice to you. In suchcircumstances, the replacement equipment shall be deemed to be theequipment f or all purposes as spelt out in the provided service level agreement
f or the remainder of the term of the contract. All equipment supplied to you are
under warranty and f aulty equipment will be replaced by us at no cost, unlessthe terms of warranty of the equipment is seen to have been breached. In thatcase you will be surcharged f or the replacement.

5.3 Billing and Payment
5.3.1 Service Charge:
For each calendar month of the term of the service contract, you shall be liable
f or payment of the service Charge. We shall invoice you f or the service charge
on a quarterly, bi-annual or annual basis and you shall make payment on or
bef ore theLegal Unit

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30th day of the month preceding the commencement of the next billing period.
If the service commencement date occurs on a day other than the f irst day of
a calendar month, or the term ends on a day other than the last day of acalendar month, then the service charge f or such part calendar month shall be
prorated f or each day of actual use of the service by you, with each monthassumed to have thirty (30) days.
Billing shall commence (3) days after commissioning of service by us and upon
notif ication of such commissioning via email or in writing by our representative.
It is expected that you will carry out the required integration within this grace
period.
“Commissioning of service” refers to an end-to-end test from your location to
our NOC perf ormed by our Engineer. This is regardless of whether the service
has been integrated or put to use by you.

5.3.2 Currency of Payment:
Unless otherwise agreed in writing, all payments by you shall be made in
Nigerian Naira without offset, unless explicitly authorized by us in the grantingof an outage credit, deduction or withholding.

5.3.3 Method of Payment:
Unless otherwise agreed in writing, payments shall be made by cheques, bankdraf ts or by bank wire transfer to such bank account as we may specif y inwriting to you. Payments shall be deemed to be made only upon receipt by usof cleared f unds.

5.3.4 Late Payment (TIMING FOR ISSUANCE OF BILL):
You shall receive one (1) month and one (1) week notices f or quarterly andmonthly payments respectively while a f inal reminder will be sent three (3)days before the expiration of billing cycle. If payments have not been received
three (3) days and seven (7) days f or clients who pay monthly and quarterly
respectively into the new billing cycle, a disconnection notice shall be sent same
day with a seven (7) day period in which we expect payment to be made orelse you will be disconnected f rom the network. In the event that service isdisconnected, a reconnection f ee will be charged and reconnection of service
may take up to 72 hours.

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5.4 Fault Reporting:
5.4.1 FAULT REPAIR AND SERVICE INTERRUPTION
All f aults related to our services should be reported immediately to our Helpdesk
by opening a trouble ticket at the relevant severity level. Upon evaluation of
the report, or throughout the course of responding to the report, we may reclassif y the severity based upon this evaluation. All f ault reports should bemade directly to our Helpdesk through the f ollowing methods only.

Fault Reporting

Phone

09094 LAYER3 (0909 452 9373) (24Hours)

Emailsupport@layer3.com.ng

Onlinehttp://csportal.layer3.com.ng

Helpdesk

Figure 1 – Fault Reporting Procedure

5.5 Suspension and Restoration of Service (SERVICE INTERRUPTION)
We may terminate our service in the event that;a. you are in material breach of any obligation under this terms which, if
capable of remedy, is not remedied within f ourteen (14) days of written
notice f rom us specifying such breach; orb. you are in material breach of any obligation under this terms which is
not capable of remedy; orc. any court of competent jurisdiction shall make a winding up order inrespect of your business; ord. you have voluntarily commenced bankruptcy or insolvency or othersimilar proceedings (other than for the purpose of solvent amalgamation
or reconstruction) or have insolvency, bankruptcy or other similar
proceedings brought against you without your consent and theproceedings are not dismissed or ef fectively stayed within sixty (60)days

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Confidential

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24 Nov 2014of such commencement; ore. you have receivership, administration or other similar proceedings
brought against you without your consent and the proceedings are notdismissed or ef f ectively stayed within sixty (60) days of suchcommencement and provided the receiver, administrator or manager
consents to such termination.
Section 6

Contract Terms and Conditions of Service
This Agreement shall be valid f rom the date of signature hereof and the Service
shall commence f rom the date of commission (subject to an acceptance andsign of f of the Job Completion Form buy the CUSTOMER) and shall remain in
f ull f orce f or an initial period of 12 months except and until determined in themanner and circumstances specified in the Termination Clause
The Service may be renewed for a further period of 12 months upon such terms
as may be agreed by both Parties. Either Party may indicate their intention forrenewal by giving the other Party a written notice stating the terms of renewal
not later than 3 months to the expiration of the initial term and the other party
shall accept or refuse such notice in writing within 14 days of receiving same.
Either party may also indicate their intention to terminate with a written noticeof not later than 1 month to the expiration of the term. A def ault in this would
lead to the charge f or early termination as provided in the Termination Clause.
In the absence of any f ormal notice, the agreement shall be deemed to be
automatically renewed annually upon the same terms.

Section 7 TERMINATION
Without prejudice to any claim or remedies that either party may have against
the other at the date of termination, either party may terminate this agreement
at any time by notice to the other in any of the f ollowing circumstances:•

If the service remains suspended f or a period of 14 days or more byeither party giving 7 days’ notice to the other.

•

Where the service level becomes abysmally low and LAYER3 could notrestore service to the CUSTOMER 14 days or more after receipt of noticeof complaint f rom the CUSTOMER.
If a party is unable to pay its debts or makes any arrangement and•Legal Unit

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compromise with its creditors or a petition f or winding up is presented
to any court or a receiver of the undertaking property or assets or any
part thereof is appointed.

•

Notice in writing having ef f ect f orthwith, if CUSTOMER shall be inpersistent material breach of this agreement and shall have f ailed to
remedy such breach within 14 days after receipt or a notice specifying
the breach and requiring their remedy.

•

Termination of this Agreement shall not operate as a waiver of any
breach of any of the provisions hereof and shall be without prejudice toany rights liabilities or obligations of any of the parties which may ariseat law as a consequence of such breach or which may have accrued up
to the date of such termination or expiry.

•

If this Agreement is terminated for any reason whatsoever, LAYER3 shallhave the right to remove any equipment(s) it might have installed at anyof CUSTOMER service locations within 7 days of such termination upon
reasonable notice to the CUSTOMER

Section 8 PRODUCT WARRANTIES AND MAINTAINANCE
LAYER3 shall supply, deliver, install, test, commission, maintain and control theService to the CUSTOMER as well as the CPE at the service location or any otherlocation agreed by the Parties in writing.
LAYER3 obligation shall also include the overall service maintenance of such
CPE during maintenance hours by competent and f ully trained personnel.
Service maintenance may be provided on the CPE or any of the CPF outside
maintenance hours at the request of the CUSTOMER and any such request shallattract an additional service charge at a rate to be determined by LAYER3 andcommunicated to the CUSTOMER.
Bef ore the installation or commission of a link, LAYER3 shall within a reasonable
time f orward to the CUSTOMER such inf ormation and assistance as may benecessary to enable it ef fect the installation or commission of the link and the
CUSTOMER shall prepare the service location f or the delivery and installationofLegal Unit

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the CPE or other service equipment and provide all necessary environmental
and operational conditions for the efficient working and maintenance of the CPE
to ensure the delivery of reliable link to the CUSTOMER.
LAYER3 may at its discretion and with the written consent of the CUSTOMER
examine and test the CPE to ascertain its eligibility f or service maintenance. If
upon examination, it is determined that the CPE is eligible f or service
maintenance due to the f ault of the CUSTOMER, the CUSTOMER shall becharged f or the service maintenance.
At the completion of every service maintenance, LAYER3 personnel shall duly
complete a Service Maintenance Form indicating the nature of fault reported or
detected, resolution step, work done and number of hours spent which will thenbe signed by the representatives of both Parties.
Subject to the f urther provision hereinafter specified, LAYER3 shall use its best
ef forts in ensuring that the guaranteed service availability specified in Clause 9
is attained at all times throughout the duration of this Agreement.
Section 9 INFORMATION TO CONSUMERS (Complaints Handling, Complaints Process)Response times are measured f rom the time the f ault is logged via phone callor email to the support address. The Layer3 Service Desk will respond to all
incidents f rom customers reported within 30 minutes af ter the f ault is logged
both within and af ter normal working hours and on a daily basis. If the f ault
cannot be rectified after the expiration of this time, then the escalation process
will be invoked.

9.1 SPECIAL NEEDS
Customers or their authorized representatives with physical disabilities or otherspecial needs are able to access our complaint handling processes as statedabove with the 24 hour line.

9.2 CHARGES
Complaint handling processes shall be provided f ree of charge. However,
LAYER3 reserves the right to impose a reasonable charge for complaint handlingprocesses 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 signif icant inconvenience to the LAYER3. Any suchcharges shall be

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identif ied and agreed to by the Customer before being incurred.

9.3 FURTHER RECOURSE
Customers shall be advised that, in the event they remain dissatisfied with theoutcome of a complaint they may refer the complaint to identif ied persons or
departments, within the Nigerian Communications Commission.
Section 10 ACTION ON DISPUTED CHARGES
Where the CUSTOMER f ails to make payment after receipt of a disconnection
notice, LAYER3 reserves the right to disconnect the CUSTOMER f rom theService. In the event that the CUSTOMER is disconnected from the Service andintends to continue with same, the CUSTOMER shall communicate its intention
to LAYER3 and upon payment of all outstanding sums and a reconnection fee,
the Service shall be restored. Restoration of the Service may take up to 72
hours.
Notwithstanding any other provision hereof, LAYER3 may, af ter giving 30
business days’ notice to CUSTOMER and subject to the mutual agreement ofboth Parties vary at any time the charges and or tarif fs payable by the
CUSTOMER f or the service provided hereunder after the expiry date of the initial
term created by this Agreement.
In the event of a dispute on the amount billed the CUSTOMER (either in part orwhole) f or the Service f or any given period, the CUSTOMER shall communicate
same to LAYER3within 30days of the issue of the bill. Upon notif ication by the
CUSTOMER, the Parties shall thereafter meet and resolve the same.
During the pendency of a dispute and provided services are not withdrawn,
CUSTOMER shall continue to pay the already agreed rate with LAYER3 until the
dispute is resolved af ter which the agreed terms of settlement will be
implemented.
Subject to the eligibility of the CUSTOMER to pay taxes and in accordance withthe provisions of Value Added Tax Act, all services invoiced shall attract VAT at
the applicable ruling rate.

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Section 11 DATA COLLECTION AND ANALYSIS OF COMPLAINT & OUTCOME
LAYER3 may at its discretion and with the written consent of the CUSTOMER
examine and test the CPE to ascertain its eligibility f or service maintenance. If
upon examination, it is determined that the CPE is eligible f or service
maintenance due to the f ault of the CUSTOMER, the CUSTOMER shall becharged f or the service maintenance.
At the completion of every service maintenance, LAYER3 personnel shall duly
complete a Service Maintenance Form indicating the nature of fault reported or
detected, resolution step, work done and number of hours spent which will thenbe signed by the representatives of both Parties.
11.1 RETENTION OF RECORDS.
At the completion of every service maintenance, LAYER3 personnel shall duly
complete a Service Maintenance Form indicating the nature of fault reported or
detected, resolution step, work done and number of hours spent which will thenbe signed by the representatives of both Parties. Inf ormation collected andrecorded as part of our complaint handling processes shall be retained by
Licensees f or at least twelve (12) months f ollowing resolution of a com plaint.
Section 12 OTHER INFORMATIONThis Consumer Code of Practice is a brief and accessible summary of the terms
under which we provide services to our customers.
Our customer specific terms and our standard Service Level Agreement (SLA)
set out the f ull terms under which we provide all services to our customers.
They govern the contract between you and us f or the provision of those
products or services. Our customer specific terms set out the main contractual
terms, while our standard SLA, where applicable, describes how and when we
will pay compensation to you, as described in this Consumer Code of Practice.
If any discrepancy exists between this Consumer Code of Practice, ourcustomer specif ic terms and/or our SLA, then our SLA, f ollowed by ourcustomer specific terms, will both take precedence over this Consumer Code.
You can request f or our SLA f rom our customer care department at
support@layer3.com.ng

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