Midland Telecommunications Management Limited hereafter know as “Midland TML” or “the Company” has produced this Code of Practice to comply with OFCOM’s ruling that all telecommunication service providers should form a Code of Practice for their Sales and Marketing Practices and Procedures.

 

Midland TML are a responsible Company that recognises and complies with all legislative and regulatory issues.

 

This Code is intended to provide procedures that ensure Midland TML’s customers receive the best protection possible from any element of malpractice in the Sales and Marketing process used by the Company.  It also provides for precautions in recruiting and training staff in the sales and marketing processes that the Company uses.  It is intended to help eliminate any malpractice and the Code helps the Company be vigilant in vetting sales and marketing methods, literature and presentation content.  All Sales and Marketing employees are aware of this Code and how they should keep to its guidelines when dealing with potential or existing customers.

 

The Code of Practice is available on request to all existing and potential customers.  It is also available from our website at www.midland-telecom.com. 

 

The Code of Practice is available by letter, fax or e-mail by applying to Leon Fletcher, Midland TML, 255 Hospital Street, Birmingham B19 2YG. Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk

 

Status of Code

 

Midland TML complies with the provisions of this code under the guidelines and regulations applied by OFCOM, however, non-compliance with this code does not affect the validity of any contract, whether verbally agreed or signed, between Midland TML and the customer, unless otherwise provided by law.  The provisions of this code only apply to customers as defined within the Communications ACT 2003 and do not apply to all businesses.

 

Sales and Marketing, Advertising and Promotions

 

Midland TML approaches potential customer by personal contact, press advertising, mail, telephone, fax and e-mail.

 

Potential and existing customers legal rights regarding the Telephone Preference Service (TPS), Mail Preference Service MPS, and E-mail Preference Service are adhered to and any databases used to contact customers are screened for compliance.

 

Midland TML ensures that marketing literature currently in use by the Sales and Marketing team of employees is accurate, easy to understand, contains fair and reasonable information and makes no unsubstantiated claims.  Information regarding pricing of our services and those of competitors are accurately assessed and any savings or benefits of any of the services offered by Midland TML are a true reflection of the service actually delivered to the customer.

 

Recruitment and Training of Sales and Marketing Staff

 

All prospective employees have a detailed check of their previous employment history.  Where evidence of mis-selling, lack of integrity, dishonesty or convictions for theft, fraud or where we feel the employee may pose a risk to potential customers, the employee will be eliminated from the recruitment process.

 

Training course:

 

All new employees will complete a training course that includes:

 

·         A complete understanding of the range of Midland TML offers for fixed line, call and broadband packages.

·         Appreciation of the processes involved in transferring services from other providers to Midland TML and any contractual obligations the potential customers may have.

·         Awareness of polite and courteous behaviour and etiquette when visiting or presenting services to customers.

·         Fully conversant with the Codes of Practice used within the industry and how the process of prospecting for and winning a sale must comply with them.

·         Awareness of what the Company considers is unacceptable behaviour in winning sales.

·         Awareness of the disciplinary action that the Company takes when an employee is cited in a complaint for mis-selling, misrepresentation or poor conduct.

·         Awareness of the rights of customers under current legislation and appreciation of trading styles, Contract Law, Consumer Credit Laws and the correct presentation and completion of Midland TML’s order forms and documents.

·         Appreciation of the terms and conditions of supply of Midland TML’s products and services including the minimum term of the contract and any termination fees applicable for early termination.

·         Appreciation of the correct procedure for customers to cancel contracts for all of the Company’s services.

·         Appreciation of how they must represent themselves and Midland TML and their relationship to competitors within the industry.

 

 

Midland TML’s remuneration packages are designed to reward long term relationships with customers and avoid large lump sum payments which tend to encourage mis-selling.  Midland TML and the closely associated company Midland Telecom Ltd employ all Sales and Marketing staff directly and do not use dealers or self employed agents.  The Company also pays most employees most of their pay in salary and the minority in commission payments. 

 

Customer Contact

 

Midland TML does not operate sales activity outside of the hours 8.30am to 5.30pm Monday to Friday or on public holidays unless at the request of a customer.

 

All Employees of Midland TML involved in personal visits to customers must identify themselves upon arrival as a representative of Midland TML.  All potential customers are welcomed to contact head office to confirm the identity of any Midland TML employee if they so wish.

 

Midland TML does not call upon any potential customers without a pre-arranged appointment. If any contact with a customer is inconvenient or unwelcome the appointment will be cancelled immediately.  Any potential or existing customer who wishes to have no further contact with Midland TML can request the removal of their details from the Sales and Marketing databases by contacting Leon Fletcher, Compliance Manager, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk

 

Midland TML will not direct its marketing activities to those who are under the age of entitlement to enter into a contract or to any persons who may be vulnerable due to age or infirmity or disability.

 

Midland TML retains the records of all potential customer contacts for a period of not less than six months including the salesperson’s details, type of sales activity and date and time of contact.  These details are recorded on a database.

 

Entering into a Contract –Information, Order Forms and Contracts

 

Midland TML takes all reasonable attempts to ensure the person agreeing to the contract is authorised to enter into the agreement for telecommunications services on behalf of the customer.

 

Midland TML has designed all of its contractual documents in a manner to ensure that the contractual nature of the document is clear and concise.  The customer signs the document next to a declaration of their intent to enter into the contract.  The main features of the contract are clearly stated on the front of the agreement with the terms and conditions supplied on separate pages.  Strong references prompt the customer to read the terms and conditions of the contract before entering into it.

 

It is the customer responsibility to review the contract and its terms and conditions and ask questions regarding any aspects of the contract they are unclear about prior to agreeing to the terms and conditions.

 

The following features appear clearly on the contract:

 

• Contact details for the Company, including the postal address, telephone number, facsimile number, e-mail address and website address.
• Minimum period of supply.
• Features of the service.
• Any special rates given to the customer that deviate from the standard rate sheet of charges.
• Payment terms.
• Termination procedures and fees, which may be applicable.
• Customer service opening hours.

 

Midland TML provides all customer with a pricing sheet, which lists all of the charges for line rental, network features, local and national calls, calls to mobile phones, international calls, directory enquiry calls and non-geographic number calls.

 

Midland TML offers all customers, as defined within the Communications Act 2003 (i.e. not all businesses), a consolidation period.  All customers are made aware of this period.  No cost will be applied for accepted cancellations during this period. Request for cancellation should be made to Leon Fletcher, Compliance Manager, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk

 

Cancellations by customer outside of the consolidation period will be referred to the terms and conditions of the customer’s contracts.

 

Audits

 

Midland TML will carry out regular checks on all aspects of the training of sales and marketing staff, documentation and the procedures employees are given to follow.  The Company will also carry out regular audits of all standard letters, sales and marketing literature and information provided by Midland TML to potential and existing customers to ensure that it complies with all aspects of this code.

 

All contracts received by the Company will be checked for completeness, correct trading style and validity.  Contracts will be checked for unauthorised amendments.  Any contracts that fail to be completed properly will be rejected and a copy of the rejected document returned to the customer.

 

Customer complaints procedure

 

Any customer complaints relating to the sales and marketing of the Company should be made in the first instance to Leon Fletcher, Compliance Manager, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk An internal investigation of the complaint will be presented to the customer within 28days and a resolution offered to the customer.

 

If the customer believes that their complaint has not been dealt with to their satisfaction than they can contact the Managing Director, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midland-telecom.com  The Managing Director will provide a response to the customer with 28 days offering a resolution.

 

All complaints that are upheld against our sales and marketing staff will result in internal disciplinary procedures being taken against the employee(s) involved.

 

Midland TML is a member of the OTELO alternative dispute resolution company.  Customers should only contact OTELO if a compliant made in accordance with the procedures herein has not be resolved to their satisfaction within twelve weeks of the complaint first being reported to Midland TML.  OTELO is only available to customers whose annual expenditure on line rental, calls and VAT is less than £5,000.00

 

Distribution of the code: Creating awareness

Midland TML has taken measures to advise all members of staff of the existence of and compliance with the code of practice.  This code is available via the Company website and is given to all employees as part of their training.  The code is available at any time, free of charge by contacting any member of staff at the Company: Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk