A to Z contract issues

Written contracts

Written contracts have at least 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.
 
Most of the contracts concluded between the telephony providers and consumers are non-negotiable agreements, being drawn up exclusively by the providers. Thus, in most cases, you cannot ask the provider to change the contract, but you can choose another provider, whose offer is better suited to your needs.
 
Ask for the Framework Contract!
 
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.
 
The telephony providers have the obligation to post the Framework Contract on their websites, as well as the Complaint Handling Procedure. Moreover, they have the obligation to hand you a copy of the Framework Contract, upon your request.
 
Therefore, you have no obligation to sign the contract on the spot! You may take these documents home or you may read them on the providers’ websites.
 
Read what you are signing!
 
Do you know what your contract provides? Read it thoroughly before signing. Check whether all the documents accompanying the contract are in your folder (annexes included), including the complaint settling procedure.
 
Pay special attention to:
 
  • minimum contract duration and fees applicable in case of early contract termination;
  • usage order of the included minutes/ SMS/ MMS/ video calls;
  • validity period of the extra-options or bonuses granted;
  • additional services that may be activated b y default, along with the telephone service (e.g. mobile internet, roaming) and the applicable tariffs;
  • fees applicable for the additional services (e.g. installation fee, SIM replacement fee, itemised bill fee);
  • restrictions when using certain services/applications, as the case may be;
  • trouble notification procedure and repair term;
  • service suspension conditions;
  • penalties you are entitled to if the provider breaches the contract;
  • what other networks you can call on;
  • porting terms, if you chose porting your number.
 
Warning! If the provider offers a provisional number by the porting contract, you have the right to choose resuming the telephone service with or without the provisional number, where porting is aborted. Read more on www.portabilitate.ro.
 
Compulsory contract provisions
 
According to the Goverment Emergency Ordinance no.111/2011, your contract with the telephony provider must include at least the following minimum clauses:
  • provider’s identification data,
  • description of the telephone service, terms of provision and usage, as well as description of the services activated by default,
  • promotional offers or other benefits granted on concluding the contract,
  • minimum usage term of a certain service before benefiting from certain promotional offers or other advantages,
  •  tariffs applicable both for the telephone service and for the other services under the contract, as well as the amount of each fee stipulated in the contract;
  • portability-related fees,
  • means of information on all the updated tariffs charged by the provider, payment methods and possible cost variations due to a payment method,
  • contract duration, initial contract duration, 
  • contract extension terms ,
  • service suspension terms,
  • terms for cessation of the service provision and of the contract,
  • amounts owed to the provider upon contract cessation, including the applicable compensations related to the contracted telephone handset (purchased on concluding the contract),
  • 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 handling term,
  • method of traffic measurement and management to avoid network congestion and its impact on service quality,
  • compensations you are entitled to where the provider breaches the quality standards and other clauses stipulated in the contract,
  • restrictions in telephone usage, as well as in accessing certain services or applications,
  • terms of access to 112 – the single emergency call number,
  • technical assistance services and customer relations services offered by your provider and how you can contact them,
  • your option regarding personal data processing for the purposes of the directory enquiry services and of subscriber directories,
  • complaint handling procedure.
About what, how and where you can complain
 
If your provider breaches the contract, you may contact The National Authority for Consumer Protection! In this situation, ANCOM can provide counselling and mediation, but cannot sanction the provider.
 
ANCOM can take steps if:
  • a provider offers the telephone service and bills it without a proper contract concluded with you,
  • your contract does not provide all the aforementioned minimal clauses,
  • the provider has amended the contract without prior notification.
Find out how you can send a complaint to ANCOM in Complain to ANCOM!
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