PART 2 : Rules of the Code

1. Determination No. 1 of 2002 (Public Switched Telephone Network Service);
2. Determination No. 2 of 2002 (Public Cellular Service);
3. Determination No. 3 of 2002 (Dial Up Internet Access Service);
4. Determination No. 4 of 2002 (Content Applications Services).

Where there is any inconsistency between any of the provisions of this Code and any framework or determination issued by the MCMC and MECM, the provisions of the framework or determination shall prevail.

1. providing the information to the Consumer verbally;
2. providing the information to the Consumer in writing;
3. prominently display the information at the premises and/or websites at which the Consumer enters into a contract/agreement;
4. provide the information to the Consumer electronically.
5. place the information in any mass media.

1. what charges may apply;
2. what the charges relate to;
3. the amount of each type of charge or manner of calculation; and
4. the frequency of the charge or circumstance giving rise to the charge becoming payable.

1. any situation whereby a Service Provider makes price comparisons of the goods and services provided by it with the goods and services provided by another Service Provider and publishes such price comparisons to the Consumer; and/or
2. the provision by any Service Provider of any discounts, allowances, rebates, refunds, credits or any commissions or similar benefits to the Consumer.

1. A description of the service and/or product as required under this Code and; Where the Service Provider sells the service and/or product separately, the price that the Service Provider would charge if the Consumer acquires that service and/or product from the Service Provider separately.
2. Name and address of the supplier of the service and/or product and the party providing the warranty covering the product (if any) with which the Service Providers service and /or product is packaged.

1. the commencement date of the contract (except where the contract is a standard agreement);
2. what the minimum contract term is, if applicable;
3. where applicable, the minimum period and the manner of notification of termination;
4. that events give rise to a right to terminate early, if applicable;
5. which party has these early termination rights;
6. the amount or method of calculating any charges payable for early termination and in what circumstances such charges are payable;
7. the conditions and terms of renewal of the contract, if applicable;
8. the conditions and terms, relating to disconnection and reconnection; and fee charged for reconnection;
9. terms and conditions relating to refund of deposit including timelines and any penalty imposed;
10. terms and conditions relating to situations (including but not limited to situations of breach of contractual terms, non payment, fraud etc) that may give rise to the interruption or discontinuation of service;
11. terms and conditions relating to the delivery and/or activation of products and/or services;
12. terms and conditions relating to the procedures and manner in which any term and condition may be varied or changed by the Service Provider.

1. whether after-sales support is available;
2. the circumstances in which it is available;
3. the contact details for after-sales support; and
4. whether a charge is payable for after-sales support.

1. telemarketing (calls to Consumers);
2. door-to-door sales;
3. direct personal sales; and
4. sales through authorised representatives

1. tell a Consumer the identity or brand name of the Service Provider and the person making the Spoken Communication;
2. give a clear indication of the primary purpose of the Spoken Communication;
3. during the sales part of the Spoken Communication, give:
   1. a brief description of the Services;
   2. the charges if any; and
   3. the nature of any special offer, discount, or package.

1. a Consumer’s request for information is frivolous or vexatious or would be unduly onerous upon the Service Provider;
2. the Consumer is not eligible for the Services;
3. the information is not relevant to the Consumer’s period of use of the Services;
4. it would breach obligations of confidentiality or otherwise be in contravention of any law.

1. next to the offer; or
2. linked to the offer by an asterisked footnote in proximity to the offer; or
3. for television and radio Advertising Materials, as part of the advertisement.

1. clearly indicated and visible;
2. legible
3. is of a reasonable font size having regard to the type of font used; and is readily understandable, having regard to the nature of the advertisement, the medium used to convey it and its likely audience.

1. substantially affect the performance of the Services; and
2. are known to the Service Provider.
   Examples of a qualifier include, but are not limited to:
   1. “For further information, please contact XYZ”.
   2. “Terms and conditions apply”
   3. “For further information, please visit our website at http://www.cfm.org.my
   4. “Subject to service availability”.
3. Limited Classes of Eligible Consumers

1. include in the Advertising Materials a statement of the minimum total charge of the package; and
2. indicate any conditions that may apply to obtain the component at the stated price.

8. Comparative Advertisements

1. Advertisements containing comparisons with other advertisers, or other products are permissible in the interest of vigorous competition and public information, provided they comply with the terms of this section and the next following section of the Code.
2. All comparative advertisements shall respect the principles of fair competition and shall be so designed that there is no likelihood of the consumer being misled as a result of the comparison, either about the product advertised or that with which it is compared.
3. The subject matter of a comparison shall not be chose in such a way as to confer an artificial advantage upon the advertiser or so as to suggest that a better bargain is offered than is truly the case.
4. Points of comparison shall be based on facts which can be substantiated and should not be unfairly selected. In particular:-
   1. The basis of comparison shall be the same for all the products being compared and shall be clearly stated in the advertisement so that it can be seen that like is being compared with like.
   2. Where items are listed and compared with those of competitors’ products, the list shall be completed or else the advertisement shall make clear that the items are only a selection.

9. Information Disclosure

1. ensure that Customers are able to obtain information relevant to their current bill or any item of its content without any charge.
2. ensure that billing accuracy is verifiable;
3. ensure that billing is timely
4. ensure that sufficient information must be on the bill or otherwise readily available to the Customer for verification;
5. ensure that upon a bona fide request from a Customer, the Service Provider must inform or provide the Customer with timely, accurate and current information about its billing terms and conditions and options relevant to that Customer.
6. Retain records of a Customer’s bill for a minimum period of One (1) year.

1. The Customer’s billing name;
2. The Customer’s billing address;
3. The Service Provider’s current business name, address and registered number;
4. A bill reference and/or Customer Account Reference;
5. The billing period;
6. Description of the charges (and credits) for which the Customer is billed;
7. The total amount billed, applicable credits, payments or discounts, and the net amount payable by the Customers;
8. Date bill is issued;
9. The payment due date;
10. At least one method of bill payment;
11. Method to contact for billing inquiries;
12. Method to contact for complaints; and
13. The nature of call charges applicable for billing inquiry calls.

1. Bills should be presented and formatted such that Customers can easily read and understand the content;
2. Bills should have sufficient and clear descriptions of items and categories.

1. the Service Provider’s published or contracted prices and discounts; and
2. what the Customer has requested, utilized or contracted to receive.

1. Requests for past itemization details;
2. Frivolous, vexatious or onerous requests;
3. Such other situations as are reasonably considered by the Service Provider as incurring cost in carrying out the requests of the Customer.

In the event of a Service Provider wishing to levy charges in any of these instances, the Service Provider shall first inform the Customer of its intention to levy the charge as a result of the Customer’s request and obtain the consent of the Customer.

1. Where there exists a separate agreement with the Customer to the contrary;
2. Where there is a delay as a result of inclusion by the Service Provider of value added information into the bill;
3. Where there has occurred a system or processing problem;
4. Where there has been a purposeful delay on the part of the Service Provider for a specified and planned delay;
5. Where there is force majeure.

1. delays are occasioned by charges being suspended while under dispute;
2. charges are released after a delay that has been previously agreed by the Customer and the Service Provider;
3. late billing of charges are due to back dated credits and re-billing following late advise to the Service Provider of a change in the status of the Customer;
4. late billing of charges are due to changes initiated by the Customer, for eg, where the Customer has requested for changes in billing frequency or billing period;
5. late billing of charges are due to Numbering Plan changes;
6. there exist circumstances of force majeure;
7. late billing is due to circumstances beyond the reasonable control of the Service Provider.

1. In the event there are technical complications within the network of the Service Provider during the provisioning of services, the time for provisioning will be subject to rectification of the technical complications.
2. Readiness and/or availability of the infrastructure
3. Credit worthiness of Customer

A Service Provider’s policy on the protection of Consumer information should be made available the most accessible, easy to read and understood manner. In addition, such policy should be disclosed prior to the time that individually identifiable information is collected or requested.

The policy must state clearly what information is being collected; the use of that information; possible third party distribution of that information; the choices available to an individual regarding collection, use and distribution on the collected information; a statement of the organization’s commitment to data security; and the steps the organization takes to ensure data quality and access.

The policy should also disclose the consequences, if relevant, of an individual’s refusal to provide information. The policy should also include a clear statement of the accountability mechanism being applied, including how to contact the Service Provider.

Service Providers should establish appropriate processes or mechanisms so that inaccuracies in material individually identifiable information, such as account or contact information, may be corrected. These processes and mechanisms should be simple and easy to use, and provide assurance that inaccuracies have been corrected. Other procedures to assure data quality may include use of reliable sources and collection methods, reasonable and appropriate Consumer access and correction, and protection against incidental or unauthorized alteration.