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ANCOM Issued the Guide regarding the Conclusion and the Mandatory Clauses of a Contract between Electronic Communications Service Providers and End-Users

23.10.2012

 

The National Authority for Management and Regulation in Communications (ANCOM) has completed and makes available to the providers the Guide regarding the conclusion and the mandatory clauses of the contracts for the provision of publicly available electronic communications services. The Guide has been created in order to facilitate the providers’ implementation of the provisions regarding contracts stipulated in the Government Emergency Ordinance no. 111/2011 on electronic communications, thus ensuring a better protection of the end-users’ rights.
 
This Guide is aimed at clarifying the manner of interpretation and implementation of the legal requirements specific to the electronic communications field the providers must observe when concluding a contract with an end-user, including the requirements regarding the information that must be included in such a contract. The Authority deemed necessary to clarify these issues since, based on its experience in the field of protecting the end-users of electronic communications services, it noticed that the providers have different interpretations regarding the terms used in the law and also regarding their obligations as a party to concluding a contract.
 
The Guide clarifies the providers’ obligations regarding the conclusion of contracts with the end-users. One of these obligations refers to including certain mandatory clauses in the contracts, for example regarding: the services offered by the providers, the corresponding tariffs, the contract duration, the contract renewal terms, the terms for the cessation of the service provision and of the contract, as well as the damages to which a user is entitled when a provider does not observe the quality levels and the other clauses stipulated in the contract.
 
In the contracts, the providers must also include information regarding the manner of traffic measurement and management with a view to avoid network congestion and its impact on service quality, as well as information regarding the restrictions to using the terminal equipment and to accessing certain services and applications.
 
Moreover, according to the new legal framework, the initial maximum duration of a contract concluded with a natural person can no longer exceed 24 months. As well, the providers have the obligation to also offer the consumers the possibility to use their services for a contractual period of maximum 12 months, so that they could choose the offer that best suits their needs. Furthermore, where a legal person requests to use electronic communications services under the terms available for natural persons, the providers have the obligation to carry out such a request.
 
Nevertheless, the Authority points out that the providers have the right to unilaterally amend certain contract clauses (provided services, tariffs, charging method etc.) on the condition that they inform their subscribers regarding these amendments, at least 30 days prior to their entry into force. Within this 30-day interval, any subscriber can terminate the contract without incurring penalties, should he/she not agree with the amendments imposed by the provider.
 

ANCOM can sanction the providers of publicly available electronic communications services for breaching the provisions regarding the initial maximum contract duration, as well as for failure to include the mandatory clauses in the contract. Moreover, ANCOM can handle disputes regarding these breaches, should they have not been amiably settled by the users and the providers.