Complaints and Billing Dispute Procedures

WIRUlink is committed to provide excellent and quality service to all its current and prospective clients. In order to achieve this objective we have taken steps to develop the Complaint Handling and Billing Dispute Policy and Procedure (“The Policy”) which will articulate steps and procedure which should be followed in the event of a complaint by our client. In preparing this Policy, WIRUlink has endeavoured to align our procedures with the relevant legal requirements and current best practice.

The Policy is designed to provide guidance on the manner in which WIRUlink receives and handles complaints made against the company and its employees.

The objective of the Policy is to assist the company, its Directors and employees in resolving complaints in an efficient, speedily, effective and professional manner.

In order to establish fair complaint handling procedures and to standardize the management of complaints, WIRUlink has adopted this Policy and Procedure. It is applicable to all written and oral complaints received relative to WIRUlink products or services.

All complaints, not only those related to a potential violation or infringement of the laws and regulations, will be considered and thoroughly investigated and fairly addressed by the company.

We are committed to delivering the best possible service to our clients, and have taken all necessary measures to inform all WIRUlink’s employees of our complaint handling procedures.

“Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments. Billing Disputes are a specific form of Complaint dealt with only in terms of the Billing Disputes Procedure set out herein.

“Billing Dispute Notice” means a formal, written notice submitted to WIRUlink by the Customer in terms of this Procedure.

“Billing Disputes Procedure” mean the Billing Disputes Procedure set out herein for the initiation and resolution of Billing Disputes.

“Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an invoice issued by WIRUlink, including without limitation seeking clarification of charges or sources of usage. For the avoidance of doubt, a Billing Enquiry 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.

“Complaint” means a formal, written expression of dissatisfaction or grievance made by a Customer related to WIRUlink’s services, or the complaints-handling process itself, where a response or resolution is explicitly or implicitly expected in terms of the General Complaints Procedure, but does not include a request for information or a Billing Dispute. Complaints are dealt with only in terms of the General Complaints Procedure set out herein.

“Customer” means a subscriber or potential subscriber receiving Electronic Communications Services from WIRUlink.

This Procedure applies to all Complaints other than Billing Disputes, which are dealt with in terms of the Billing Dispute Procedure set out below.

The Customer is required to direct a formal Complaint to info@wiru.co.za.

When making a complaint, the customer must provide the following information:

• Complainant’s full particulars and contact details.
• The nature of the complaint (including when the conduct giving rise to the complaint occurred).
• The Customer’s relationship with WIRUlink, together with any customer reference numbers or details which may be applicable;
• Details of WIRUlink’s employee involved (if applicable).
• Copies of any relevant documentation supporting the complaint.

Following the ICASA Code of Conduct Regulations, WIRUlink will acknowledge receipt of the Complaint within three (3) Business Days after receipt of the Complaint and allocate a reference number and determine an outcome for the Complaint and communicate this to the Customer in writing within fourteen (14) Business Days of receipt of the Complaint, but this will not be possible on all occasions. Where our review exceeds three weeks, we will contact the complainant to inform him/her of the reasons for the delay, and indicate when we expect to be in a position to complete our review of the complaint.

Billing Enquiries should be directed to accounts@wiru.co.za. Complaints not related to Billing Disputes are dealt with under the General Complaints Procedure set out above.

Billing Enquiries, Complaints and requests for information are not considered to be Billing Disputes and do not trigger this Billing Disputes Procedure.

The Customer expressly acknowledges and agrees that:

• Any charge recorded on an invoice which is not submitted in accordance with this Billing Disputes Procedure is payable in full to WIRUlink by the due date of that invoice;
• An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason, including without limitation when that amount is on an invoice together with an amount that is in dispute (“Disputed Amount”);

Please note that WIRUlink will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, as it is the Customer’s responsibility to safeguard access to the services received by the Customer and to use such services in the manner set out in the terms and conditions applicable thereto.

The Customer expressly agrees to allow WIRUlink to attempt settlement of any Billing Dispute within fourteen (14) Business Days before raising a dispute with any third party. WIRUlink requires and Customer expressly agrees that WIRUlink will be the first option in Billing Disputes. Should WIRUlink receive a chargeback or other reversed charge from a third party or bank on behalf of the Customer before WIRUlink has been given a chance to resolve the Billing Dispute, then WIRUlink has the right to collect on the rendered services and any fees associated with those charges.

Not all Billing Disputes may be settled to the Customer’s satisfaction. Once this Billing Disputes Procedure has been exhausted, a Customer may use any third party in an attempt to settle the dispute. However, WIRUlink still retains the right to collect on any rendered services or fees that are due.

A Billing Dispute Notice may be lodged in the manner set out herein until the passing of thirty (30) calendar days from the date of the relevant invoice.

The Customer is required to direct a formal Billing Dispute Notice to complaints@wiru.co.za.

The Billing Dispute Notice is required to be accompanied by the following:

• The Customer’s full particulars and contact details;
• The Customer’s relationship with WIRUlink, together with any customer reference numbers or details which may be applicable;
• Invoice number and date;
• The amount in dispute (“the Disputed Amount”);
• The amount not in dispute (“the undisputed Amount”);
• A statement of the reasons for the Billing Dispute, with enough detail to allow WIRUlink to assess these; and
• Any relevant evidence or documentation the Customer wishes to submit in support of the Billing Dispute.

In terms of the ICASA Code of Conduct Regulations, WIRUlink will acknowledge receipt of the Billing Dispute Notice within three (3) Business Days and allocate a reference number.

WIRUlink shall provide a formal response with its determination to the Billing Dispute Notice within fourteen (14) Business Days following receipt of the Billing Dispute Notice.

WIRUlink may request additional information or documentation from the Customer lodging the Billing Dispute Notice, which information or documentation is reasonably required to assist WIRUlink in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible, and the running of the fourteen (14) Business Day period will be suspended until such time as the requested information or documentation has been received by WIRUlink.

WIRUlink will assess the Billing Dispute, and send to the Customer its response (and reasons for such determination), which shall take one of the following forms:

• A confirmation that the Billing Dispute is valid, and a statement indicating such adjustments as may be necessary;
• A rejection of the Billing Dispute Notice on the basis that:
  1. The Billing Dispute Notice was not received by WIRUlink within thirty (30) calendar days of the date of the relevant invoice, as stipulated above;
  2. The Billing Dispute Notice does not contain all of the information required, as set out above or:
  3. The Billing Dispute Notice was not submitted in the required manner, as set out above;
  4. The Customer has not made payment of any undisputed Amounts, and does not have the right to withhold payment of any Disputed Amounts;
  5. WIRUlink has confirmation from the Customer that the Billing Dispute which is the subject of the Billing Dispute Notice has been resolved;
  6. The Customer is disputing any charges on the basis of unauthorised use of the services or on unauthorised use of the services by a third party; or
  7. WIRUlink reasonably believes that the Customer does not have a bona fide dispute in relation to Billing Dispute submitted.
  8. Any alternate resolution that WIRUlink deems appropriate.

If stipulated in WIRUlink’s response that the Customer must make payment of the Disputed Amount or a portion thereof, the Customer must pay the Disputed Amount or such indicated portion within five (5) Business Days of the date of the WIRUlink’s response.

If stipulated under WIRUlink’s response that WIRUlink must withdraw the Disputed Amount or refund a fee already paid, WIRUlink must as soon as practicable provide the Customer with a statement reflecting the adjustment to their account or;

Credit any Disputed Amount already paid by the Customer.

WIRUlink will not disconnect a service provided to the Customer which is the subject of a Billing Dispute Notice, or take adverse collection procedures or impose late payment penalties or charges, while attempting to resolve a Billing Dispute lodged in terms of the Billing Disputes Procedure and until such time as WIRUlink has reached a determination and communicated this to the Customer, provided that undisputed Amounts are paid timeously.

WIRUlink reserves the right, however, to take the above mentioned measures immediately:

• Where a determination of the Billing Dispute has been made and communicated to the Customer; or
• Where the Customer has indicated that they are unable to pay the invoice or bill, or have filed or are the subject of any application to court for sequestration or liquidation, or otherwise seek to reach a formal arrangement with their creditors.

Subject only to the above, the rights and obligations of each party under the Billing Disputes Procedure continue pending resolution of a Billing Dispute invoked under this Billing Disputes Procedure. For the avoidance of doubt, this includes that WIRUlink shall continue to have the right to terminate or suspend the service in accordance with WIRUlink’s rights under the agreement that the Customer has with WIRUlink.

Neither party shall use any information obtained from the other party during the course of any process invoked under the Billing Disputes Procedure for any purpose other than the resolution of the particular Billing Dispute.

If the Customer is not happy about the outcome of a Complaint or a Billing Dispute, the Customer has the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.

Please note that in terms of the ICASA Code of Conduct Regulations 2007, the Customer must give WIRUlink an opportunity to resolve the matter within the period specified in this Complaints Procedure before the Customer may escalate the Complaint or Billing Dispute to ICASA.

ICASA can be contacted in the following ways:

• Telephone: 011 566 3000;
• Fax: 011 444 1919; and/or
• email: consumer@icasa.org.za