A to Z contract issues

Written contracts

Usually, written contracts have two originals. Ask your provider for your contract and keep it throughout its validity period!
The contract usually consists of several documents: main page, general terms and conditions, tariff leaflets. Check whether you have received all the documents. Otherwise, ask the sales operators for all these documents.
 
Ask for the Framework Contract!
 
Most of the contracts concluded between the telephony providers and consumers are non-negotiable agreements, being drawn up exclusively by the providers.
 
Before signing the contract, you have the possibility to ask the sales operator for a copy, to ponder over it and decide whether you accept the terms proposed by the provider. Check the providers’ websites for a copy of the framework contract, or – if you choose the services based on a prepaid card – the usage terms and conditions. 
           
The Framework Contract is a contract providing the general clauses applicable in the relationship between a user and a service provider, irrespective of the actual offer chosen by the user.
 
Compulsory contract provisions
 
According to the Government Emergency Ordinance no.111/2011, your contract with an internet service provider must include at least the following minimum clauses:
 
  • provider’s identification data,
  • services offered,
  • tariffs applicable for each service and product contracted along with the service, charging method, how one can obtain updated information regarding the various tariffs charged by the provider, payment methods;
  • contract duration,
  • contract extension terms ,
  • terms for cessation of the service provision and of the contract,
  • service suspension terms,
  • compensations you are entitled to, where the provider breaches the quality standards and other clauses stipulated in the contract,
  • complaint handling procedure.
  • steps taken by the providers in case of incidents or threats regarding network and service security and integrity,
  • quality levels the provider undertakes to ensure: term of initial connection to the network and/or services offered, trouble repair term, complaint settling term,
  • quality parameters regulated by ANCOM,
  • method of traffic measurement and management to avoid network congestion and its impact on service quality,
  • technical assistance services and customer relations services offered by your provider and how you can contact them,
  • restrictions in the usage of the terminal equipment, as well as in accessing certain services or applications,
  • minimum usage term of a certain service before benefiting from certain promotional offers or other advantages,
  • total amounts owed to the provider upon contract cessation, including the applicable compensations related to the contracted terminal equipment.
About what, how and where you can complain
 
If your provider breaches the contract, you may contact the National Authority for Consumers Protection! In this situation, ANCOM can provide counselling and mediation, but cannot sanction the provider.
 
ANCOM can take steps if:
  • a provider offers the internet service and bills it without a proper contract concluded with you,
  • your contract does not provide all the aforementioned minimum clauses,
  • the provider has amended the contract without prior notification.
Find out how you can send a complaint to ANCOM in Complain to ANCOM!
top

All rights reserved 2024