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Termii Code of Conduct
CODE OF PRACTICE

The provisions of this Code are in addition to the obligation of Termii under the License and under the Nigerian Communications Act (the “Act”). Nothing in this Code affects your statutory rights and this Code does not form part of a contract or collateral contract between Termii and any of its consumers.

This code helps to explain what to do if things go wrong. It gives information on how to get a full explanation, together with a remedy. It sets out the complaints procedure and explains how to use it should the need arise. It also describes what to do if you have a complaint, how we will resolve it, and what you can do if you are not satisfied with our response. Copies of this Code may be obtained by contacting Customer Care.


1. PROVISION OF INFORMATION
(A) Description of Service
Termii offers Value-Added Services (Content Services Using Short Code Numbers) service through its cloud communications platform, that enables global businesses with messaging channels to verify and authenticate customer transactions, thereby helping businesses to build connected experiences across all stages of the customer journey through short messaging service (SMS), WhatsApp, and Voice.

In the provision of its services, Termii shall provide to the Consumers complete, accurate and up to date information about its service in a clear language avoiding unnecessary technical term. Termii shall also provide specific information concerning compensation, refund or other arrangements where contracted quality of service levels are not met, along with procedures and methods for resolving disputes.

(B) Service Contract and Duration
Prior to a consumer signing up to use Termii’s services, Termii shall make available in plain and clear language the service contract for the provision of the services which all clients are expected to read and sign before commencement of services. This service contact governs the contractual relationship between Termii and its Consumers and it shall entails complete and accurate information to consumers for services; advertising and representation of services; consumer billing, charging, collection and credit practices; consumer rights and obligations; protection of consumer information; complaints handling; general overview and duration of the services offered, and concise information on contacting Termii about its services

All services are subjected to prices which shall be detailed in the service contract. In the event of price changes, the clients shall be notified of the proposed change. The information on the service shall include the duration of the service contract and right of renewal and any other terms related to the renewal of services.

(C) Service Subscription
Termii shall provide consumers with clear information and instruction on the medium and procedure for subscribing to its services.

(D) Contract Terms and Conditions
Termii shall make available on request a copy of a contract or agreement for the provision of services, set out in plain and clear language. The contract document shall contain information regarding the terms and conditions which shall include:
    1. Information of the term of the contract (the commencement date; minimum contract term; minimum contract period, manner and consequences of termination; situation when early termination is possible and the method of calculating charges payable on such early termination.

    2. The conditions and terms of renewal of the contract, if applicable

    3. Terms and conditions relating to situations that may give rise to interruption, suspension or discontinuation of the service .

    4. Terms and conditions relating to the delivery, installation or activation of the service.

    5. Conditions and terms of, and fees chargeable for the disconnection and reconnection of services.

    6. Information on the service quality level offered, the waiting time for initial connection and any service areas and coverage maps if available.

    7. Information regarding any compensation, refund or other arrangements which may apply if contracted quality service levels are not met.

    8. The procedures and methods of resolving disputes in respect of the service contract.

    9. Information on any contractual warranty relating to the services and how such warranty may be obtained. In addition, information on maintenance services offered by Termii shall be provided to the customer prior to the parties entering into a contract for services.

    10. Where a contract for services is subject to upgrade options, Termii will provide its customers with clear and complete information regarding the upgrade terms, including any changes in service performance and any fees or charges resulting from the upgrade.

(E) Opt In and Opt Out
Termii shall inform consumers of their right to opt out of any subscribed service. To ensure that this is achieved, Termii shall have readily accessible mechanisms / paths to subscribe (opt in) to a service, renew a service or discontinue (opt out’) to a service to avoid consumers incurring further charge

2. ADVERTISEMENT AND REPRESENTATIONS OF SERVICE
(A) Availability of Service
Termii shall endeavor to publish in advertising materials any known geographical and technical limitations on the availability of its services to consumers which affect the recommended quality of service.

Termii shall clearly state in its advertising materials if such a limitation will restrict the service offering to:
    a) a particular group of people
    b) a partial zone, region or other geographical area within the country;
    c) a particular period of time; or
    d) through the limited availability of equipment, facilities or other materials

(B) Advertisement of Packaged Service
Termii shall ensure that it is able to supply all components of a service package as contained in advertising materials where a service is provided as part of a package. Where Termii is or may be unable to supply any component of the package, appropriate information about this limitation shall be included in the advertising materials. Advertising materials for packaged services indicating the price of each component of a service package shall also include a statement of the minimum total charge for the package, and indicate any conditions that may apply to obtain the component at the stated price in accordance with the general Code (Section 20)

Termii shall comply with the Nigerian Code of Advertising Practice, Sales Promotion and Other Rights/Restrictions on Practice and all applicable Rules and Regulations with respect to advertising and representation of the promotion of its services to the general public.


(C) Disclaimer
Termii shall ensure that any disclaimer placed in an advertisement acknowledges the intended consumer, written in a clear and plain language and that the disclaimer does not negate the principal message or object of the advertisement.

(D) Tele-Marketing
Termii shall endeavor not to engage in unsolicited telemarketing where it thus, the unsolicited telemarketing shall be in accordance with the general code (section 28) and shall at the time of communication of the service, afford consumers the opportunity to cancel the agreement by calling a dedicated telephone number unless the service has by that time been supplied to and used by the consumer receiving the communication.


3. COMPLAINT HANDLING
(A) Complaint Process
Termii maintains Customer Complaints Handling procedures which ensure that:
    i. Information on Termii’s complaint handling processes is provided in various media and formats and is easily understandable.
    ii. Customers are aware of and can easily identify how a complaint may be lodged and any changes in the Complaint Handling Process shall be made available to the customer.
    iii. Termii shall ensure that customers with physical disabilities or other special needs are able to access its Complaint Handling Process either by themselves or their authorized representatives or assigns.
    iv. Timelines are established for the resolution of complaints;
    v. Dispute resolution process is established, including the right of the Customer to refer any complaint to the Commission if dissatisfied with the resolution of the complaint by Termii.
    vi. Termii provides `access to contact its enquiry and complaint handling desk via email to support@termii.com for access to information on frequently asked questions and product and services information shall be communicated via internet on https://termii.com/
    vii. Termii operates a customer service desk, which is reachable via telephone phone numbers +2348137751523.
    viii. All customer complaint(s) would be treated with the highest degree of professionalism by Termii’s customer-facing staff and with deference to the customer’s right to complain.
    ix. Where possible, Termii shall advise a customer when a complaint is made, of the expected actions and timing for investigating and resolving the complaint. In the event that Termii regards the complaint as frivolous or vexatious, the customer shall be informed accordingly and if dissatisfied the customer shall have the further recourse described below. In any event, no customer complaint shall remain unresolved for more than ninety (90) days.
    x. Complaint handling processes shall be provided free of charge. However, Termii 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. Any such charges shall be identified, communicated and agreed with the consumer before billing.
    xi. Termii shall have an appropriate system of recording complaints and the outcomes of such complaints and shall ensure that the system is in conformity with the Commission’s Quality of Service Regulations.
    xi. Termii shall provide its customers with sufficient information and the means to inquire on the progress of complaints made and shall advise the customer of the outcome of the investigation of their complaint, and any resulting decision.
    xii. Termii shall ensure that information collected and recorded in the complaint handling processes is retained for a minimum period of twelve (12) months following resolution of such complaint.

(B) Further Recourse
Termii shall acknowledge written complaints and act on these within times frames set out in the Commission’s Quality of Service Regulations (or as otherwise directed by the Commission from time to time). Termii shall take reasonable efforts to ensure that the response to the complaints is in the manner requested by the customer. Non-written complaints shall be taken as acknowledged at the time the complaint is communicated to Termii.
A customer complaint not resolved within the provided compliant resolution days shall be escalated to the commission which shall be resolved by the commission in accordance with the processes set out in its Dispute Resolution Guidelines or any dispute resolution procedure which the Commission may deem appropriate in the circumstance.

(C) Data Collection and Analysis of Complaints and Outcome
Termii shall have an appropriate system of recording complaints and the outcomes of such complaints and shall ensure that the system is in conformity with the Commission’s Quality of Service Regulations. Complaints made by customers shall be recorded, tracked, analyzed and categorized in order to ascertain the cause of the complaint and prevent a recurrence. Termii shall upon request by Customer provide such record in a language and form easy to understand
Termii shall ensure that information collected and recorded in the complaint handling processes is retained for a minimum period of twelve (12) months following resolution of such complaint.

(D) Retention of Record
All records pertaining to customer complaint received will be logged onto a database or an incident log and the information therein will be archived from time to time and stored to enable ease of retrieval for future reference. All logged complaints and queries shall carry a reference number, which the customer handling staff can use to call up and produce an incident report at any time in the future.

(E) Prevention of Unsolicited SMS
No unsolicited short message service shall transit through Termii’s network. Temii shall streamlined unsolicited short message to ensure that a consumer can choose the option of stopping every unsolicited SMS.


4. CONSUMER OBLIGATIONS
To enable us to provide the highest quality of service to our customers, Termii will request its esteemed customers to faithfully comply with relevant statutory and regulatory instruments governing the use of telecommunication facilities. For the purpose of this Code of Consumer Practice, the following obligations have been highlighted by the Commission:
    i. Customers are bound by Termii’s terms of service which they have signed and returned to Termii or which they have clearly accepted, either by accepting the terms of service or by receiving service after its terms have been provided to the customer.
    ii. Customers are not authorized to re-sell any service provided by Termii without its formal authorization.


5. PROTECTION OF CONSUMER INFORMATION
(A) Data Gathering
Termii may collect details relating to a customer only if relevant and necessary for the provision of the service or product that Termii is engaged to provide, or for other legitimate purposes made known to the customer prior to the time the details are collected. In the course of our business and in the provision of our services, we collect information on our customers and in certain cases, information on end users is disclosed to us by our customers. In this part of the Code, references to the collection of information include collection of details by active request or inquiry and collection of details by passive recording of actions or activity.
Termii will use details relating to a customer only for permitted purposes which include:
    i. Termii’s internal marketing, billing or other purposes necessary for the provision of the service.
    ii. Purposes made known to the customer prior to the time the detai ls are collected.
    iii. Other purposes with the prior consent of the customer whether given expressly or impliedly.
    iv. Termii may also be required to disclose confidential information about a customer where disclosure is mandated or required. Instances of this include; where disclosure is required by Law or by a Court of Law; where disclosure is required by a statutory organization (such as the Police); where disclosure is required by a regulatory body (such as the Commission); or where disclosure is in the Public Interest or in the interest of the Company to disclose.

(B) Data Storage
Termii is committed to the protection of its customers’ information in accordance with data protection regulation and any data protection principles issued by the Commission. Termii shall ensure the prevention of unauthorized access and use of such information. We take appropriate measures, applying both technological and organizational measures to protect and secure consumer information made available to us.
Termii shall ensure that a consumer is informed of how consumer data is being processed by it and the purpose and duration for which the data is being processed. Termii also ensure appropriate measures are being taken to prevent unauthorized access to communications and data in other to protect confidentiality of consumers.

Termii in implementing its Protection of Consumer Information Policy shall ensure its employees do not disclose any data or information obtained in the course of the provision of its services to a customer. Termii employees sign on to Termii’s internal code on the consumer protection data which creates an obligation on each employee to ensure compliance with the company’s policy.

(C) Data Sharing
Termii ensures that any other service provider or third party with whom it shares or discloses customers information adopts and implements appropriate and efficient Protection of Consumer Information Policy

6. CONSUMER BILLING
The objective of Termii’s policy on Consumer billing is to ensure that billing is accurate and timely, and the billing accuracy is verifiable. Sufficient information shall be provided on the invoices for verification by the customer. Upon request, the customer is provided with timely, accurate and current information on Termii’s billing terms and conditions as well as options which are relevant to the customer. Records of customer invoices and related charges are retained for at least 12 (twelve) months.
(A) Billing Information
Termii shall ensure that customer bills shall include sufficient information including but not limited to the following:
    i. Customer billing name and address;
    ii. Termii’s business name, address and registered number;
    iii. Bill number as a unique identifier
    iv. The billing period.
    v. Description of the charges based on the contract to which the bill applies;
    vi. Total amount billed, applicable credit, discounts, and net amount payable by the customer;
    vii. The date on which the bill in issued, any bill or refund payment date, the methods of bill payment;
    viii. Standard practice for handling customer complaints and billing inquiries;
    ix. Processes guiding the bill delivery & retention, billing period and delayed bills;
    x. Guidelines for billing enquiries, Customer complaints, penalties for non- payment of bills.

(B) Timing of Issuance of Bill
Bills shall be issued within Ten (10) days of the closure of each period except where otherwise agreed in the contract with the Customer, in which case, the bills shall be issued as provided in the service contracts. A bill shall include all charges incurred during the billing period except where:    i. there exists a separate agreement with the Customer to the contrary; or
    ii. there is a delay because of Termii’s inclusion of information from other suppliers or service providers in the bill; or
    iii. there is a delay as a result of a change initiated by the Customer, such as where the Customer has requested a different billing frequency or billing period or
    iv. there is a delay as a result of the suspension of charges that are in dispute; or
    v. there has occurred a billing system or processing problem, in which case the problem shall be rectified and bills issued without undue delay and in accordance with any time periods identified by the Commission; or
    vi. billing is delayed by circumstances beyond the reasonable control of Termii.

(C) Payment Confirmation
Termii shall ensure it acknowledges any payment made by Customer through a designated email address and Customer can also verify their bill payment through designated Account Managers.

(D) Billing Frequency
Customers shall have access to bills as specified in the Customer’s contract agreement. Customers may also be able to access their bills through the following means:
    i. By hand delivery of hard copies to the Customer’s billing address;
    ii. Upon request, bills may also be sent to the Customer by email;
    iii. Upon request, bills may be delivered to the Customer by Post.

(E) Prepaid
Termii shall provide a prepaid option for customers which entails a wallet system where customers can top up their wallet using digital payment channels made available by Termii. This enables customers to credit their wallet and utilize the funds in the wallet as required.

For subscribed plans, payments shall be made in accordance with the provisions entailed in the Customers contract of service which shall include the monthly subscription plan and monthly renewal.

Termii shall provide Customers with sufficient advance notification of any proposed changes in billing periods.

Where a customer has not paid all or part of a bill for services provided, any measure taken by Termii shall:
    a) be proportionate and not unduly discriminatory; and
    b) be accompanied by appropriate warning to the Customer in advance of any resulting service interruption or disconnection; and
    c) Confine any service interruption or disconnection to the service(s) concerned, as far as technically feasible.