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This Chart of Services has been prepared in accordance with the principles provided by the resolutions of the Italian Communication Regulatory Authority (“Autorità per le Garanzie nelle Comunicazioni” or “AGCOM”) and applicable regulation also with regard to quality and electronic communication charts of services, including AGCOM Resolution n. 179/03/CSP, Resolution n. 254/04/CSP, concerning fixed voice telephony and Resolution n. 131/06/CSP, as well as Resolution n. 244/08/CSP, concerning access to internet from a fixed location, and following amendments and Resolution n. 154/2012/CONS concerning mobile and personal communications services and following amendments and integrations.

This Chart of Services governs the relations with customers in addition to general and special contractual conditions.

For any information related to the Chart of Services, please contact the customers’ Assistance Service available by dialling the telephone number indicated in article 2 hereinafter.

The Chart of Services is available on the website indicated in article 2 hereinafter.

The Chart of Services is (i) made available to the customers before any contract is entered into, and (ii) posted on the website of the operator. A hard copy of the Chart of Services will also be provided upon customer request.

Tata Communications (Italy) S.R.L. (hereinafter “Company”) is an Italian provider, part of a multinational group in the electronic communications sector, whose offer is characterized by a wide range of services that provide integrated and customized solutions.

The Company is headquartered in Milan (MI), Corso Vercelli 40, Cap. 20145.

Currently there are no voice telephony and access to internet from a fixed location services offered to consumers or individuals. The offers currently implemented for those services are directed to other electronic communication services providers (wholesale services) and to large business customers (enterprise services). These offers cannot be qualified as standard offers but are negotiated with each single company on a case by case basis.

Contact: Website: https://www.tatacommunications.com
Customer Assistance: 800 90 97 17
Direct Contact for Use Solely by Italian Regulatory Authorities:
Phone: 001 (703) 657 8414
Fax Number: 001 (703) 657 8340
Email address: diana.peneva@tatacommunications.com

The Company supplies the services in compliance with the principles of equality and fairness of treatment, using best efforts to maintain uninterrupted service, in pursuit of efficiency and effectiveness.

The contracts entered into by the Company with the customers and this Chart of Services regulate the relation among the Company and the customers.

The Company provides its services according to rules applicable to all of the customers: no differences or discriminations are made in relation to sex, religion, race, language, or political opinions. Therefore, the Company is committed to guarantee, within the territorial limits of the administrative titles held by the Company, the same treatment where the same conditions of service apply. With regard to the management of relationships, Company shall conduct itself in a non-discriminatory manner in its negotiations and commercial partnerships. The Company’s activity is also based on criteria of objectivity, fairness and impartiality. The Company undertakes to interpret each single clause of general and special contractual conditions for the supply of the services and the applicable regulation according to the aforementioned principles.

The Company is committed to provide to the best of its ability uninterrupted and regular service, except where suspensions or interruptions are caused by force majeure or necessary to perform ordinary and extraordinary maintenance activities and, where it may be necessary to interrupt the service. Should the service be suspended, the Company will attempt to minimize the duration of the interruption of the service and the inconvenience caused to customers by communicating to the customers, if possible, when the service will be suspended and when the operation will resume or irregular service will cease.

In order to provide the customer with easy access to its own personal information, the Company ensures that each customer can exercise the right to access its personal data, records, and other information in accordance with the applicable regulation.

In order to improve the supply of the service, each customer can communicate to the Company in writing any suggested changes in the provision of service, which Company will properly consider and evaluate and provide appropriate feedback, in order to provide services that are based on the following criteria: courtesy, clarity, fairness and transparency.

One of the main goals of the Company is to continually improve the efficiency and effectiveness of the services provided. In doing so, the company considers types of technology, internal process improvements, customer needs, and appropriate organizational and procedural solutions.

The Company is committed to adopt transparent contractual conditions that are adequate to disclose to the customers the rights and the obligations of both the Company and the customers. Contractual terms regarding the supply of the service, including possible supplementary services, the early termination of the contract, or any modifications to the service, including additions to the service, shall be set forth as clearly as possible.

The Company is committed to:

a) implement all the services offered according to the terms and within the limits provided by the general and special contractual conditions delivered to the customer at the time of the signing and/or posted on the website of the Company;

b) provide the customer with assistance in accordance with relevant processes and procedures. The Company also provides a website to the general public that describes the services and offers information on how to contact a representative;

c) ensure, through the personnel of the Company who interact with the customers, that the relations with the customers be based on respect and courtesy and that the customers be facilitated in exercising their rights and in having the Company fulfilling its obligations. Accordingly, the personnel of the Company are required to identify themselves and indicate that they are personnel of the Company;

d) send invoices, where applicable, in accordance with agreed-upon fair and reasonable processes and procedures, including appropriate contact information set forth in a customer contract;

e) give notice, as applicable, of any change to the economic conditions and provisioning of services, according to the timing and modalities provided by law and in accordance with the terms of the contract;

f) to communicate to customers in writing, if possible. The communications may be also made by way of posting the text of the communication on the web site indicated in art. 2, if the communication refers to all the customers and there is no indication of the name of the recipient, or by sending a separate written document or by fax or e-mail. The communications shall be considered as known if the communications have been sent to the last address or email or fax number provided by the customer. The communications to the customer may be also made by way of an information campaign and using for this purpose the main mass media;

g) manage, repair, and maintain Company equipment provisioned to a customer if expressly envisaged according to the terms of the contract. For malfunctions that require more than thirty days to be fixed, the customer can ask to be informed about the status of the relevant procedure. The reparations of malfunctions will be done according to the contractual terms agreed to, except for malfunctions resulting directly or indirectly from negligence and/or fraud of the customer or resulting from defects of functioning of equipment or terminals used by the customer, not attributable to the company in any way, unless otherwise provided for in the contract. Any intervention concerning the equipment and the service shall be performed exclusively by the Company or by third parties appointed by the Company, unless otherwise provided for in the contract. In order to allow the checks on the equipment, the customer shall grant the Company or the third parties appointed by the Company to have access to customer’s premises, in accordance with their contract;

h) provide cooperation to the Public Authorities competent for the ascertainment of any unlawful act and behavior;

i) timely activate the service according to the terms of the contract and within the terms provided by law and/or by administrative provisions, except for extraordinary technical difficulty and cases where the timing of the activation has been agreed with the customers. Should the service not be activated or timely activated within the maximum term provided, a refund or credit may be issued in accordance with the Service Level Agreement of the contract and applicable legislation;

j) timely repair, according to the terms and conditions provided in the contract, the malfunctions of the provided service not depending, directly or indirectly, on the customers within the terms provided by law and/or by administrative provisions and/or by the contract. In case of delay depending on the Company, with respect to the maximum timeframe provided for the reparation, a refund or credit may be issued in accordance with what is provided by the contract and/or the applicable legislation;

k) in accordance with the terms of the contract, not to proceed with the administrative suspension or termination of the service/s supplied without the provided requirements or the applicable notice, as set forth in the contract, and providing for a refund, as applicable and set forth in the contract and/or the applicable legislation;

The Company considers the freedom of choice to be a right of every customer. To this end, the Company undertakes to provide all available information of its own competence aimed at putting the customers in the right conditions of choice;

With regard to the service, the customer shall pay to the Company in accordance with the terms of the contract. Customer may be charged for the costs of collection and sending of invoices in accordance with the current legislation.

The Company reserves the right to change the technical features of the service, to update the fees, as well as to amend the general and special conditions of the contract, including, but not limited to, for the following reasons: because of supervening technical, economic, regulatory, public order’s safeguard, management needs, amendments to the commercial policy, measures necessary to prevent frauds and/or misuse of the services and/or violation of contractual/regulatory/law provisions. The Company shall give notice to the customer of said change/s with 30 (thirty days) notice, unless otherwise provided for under the contract or according to applicable regulation.

In this case, the customer may terminate the contract within the aforementioned term of 30 days, unless otherwise provided for by the contract or applicable regulation, by sending a written notice to the Company by way of registered letter with return receipt or as set forth in applicable contract. No penalties or deactivation costs shall apply in relation to said termination and the customer may switch to another operator. Should the customer not provide such communication, the changes shall be considered accepted by the customer.

Unless as otherwise provided by the contract, any fee charged must be considered exclusive of VAT, but other exclusions may apply as set forth in the contract.

The customer may file complaints with the Company related to violation of provisions of the contract or of provisions contained in this Chart of Services unless otherwise provided for in the contract.

These complaints can be filed with the Company, in writing, by fax, by mail or phone at the addresses / numbers, as provided for by the contract with the Company. The complaint may be confirmed by way of registered letter with return receipt that shall be timely received and, in any case, the complaint shall be received in accordance with the terms provided by law and/or administrative provisions, unless otherwise provided for in the contract.

The Company undertakes to ensure a fast and comprehensive evaluation of the complaints received and, to the extent that this is possible, a prompt response to customers after the completion of the instructing phase as provided for under the contract. The term for the reply by the Company to the complaint shall not exceed thirty days from the receipt of the complaint by the Company unless otherwise provided for in the contract or by applicable legislation.

Unless other processes and procedures have been agreed to by the parties in their contract, the following shall apply: the Company shall notify the customer of the outcome of the review of the complaint. In case of acceptance of the complaint, the Company will indicate satisfactory actions or measures to remove the issues and for the compensation. In case of rejection, the answer to the complaint shall be in writing, shall contain the reasons of the rejection. Moreover, the Company informs the customer about the procedures for solving the disputes, including procedures alternative to judicial actions, as provided by AGCOM Resolutions and applicable regulation.

The telephone number and address to which complaints and reports can be submitted are those provided in the contract.

The Company ensures the traceability of complaints and reports filed as provided in the contract.

Pursuant to the filing of complaints according to art. 6, within 30 (thirty) days, the Company shall carry out the relevant investigations in order to ascertain the facts object of the complaint and shall provide a reply to the customer, unless otherwise provided for in the contract.

The Company asserts that it will comply with the provisions concerning personal data processing and the adoption of any technical and organizational measures necessary for the safeguard and confidentiality of the data that the Company maintains. Moreover, the Company promotes and is continually updating its Security Awareness policy to educate personnel on the Company’s security and data protection policies.

The customer has been informed by the Company that the personal data provided by the customer will be processed according to the regulation in force and as applicable to the services as provided under the contract signed by the customer.

With regard to the modification, use, and cancellation of personal data, please refer to the information document pursuant to Regulation (EU) 2016/679 of the European Parliament and of The Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and to the applicable legislation, issued to all customers upon signing the contract.

We consider the protection of the environment an important principle and, in our capacity as an electronic communication operator, we deem that we can contribute to the improvement of the quality of the environment by taking into account sustainable development guidelines, as appropriate.

The Company offers the services listed in Annex A.

In providing its services, Company has no control over or access to the customer’s content. Company undertakes no obligation to monitor, maintain, or control its customer’s content. Company asserts that it is the customer’s duty to monitor its or its third-party content to assure that such content is lawful. For example, it is the customer’s duty to recognize where such content may represent an imminent threat; protect minors from accessing sensitive information that may affect their safety or physical and moral integrity; and avoid misleading minors through ambiguity and exploitation.

The Company may limit the supply of the services and the supply of the services may be subject to adequate guarantees for the payment of the invoiced amounts.

The Company may suspend the services, also in part and even without notice, in case of the malfunctioning of the network and/or of the equipment of the Company and/or of other operators. If possible, the customer shall be duly informed in advance, in case of suspension of the services for changes and/or maintenance activities.

In case of a volume of traffic that is unusual with respect to the average use made by the customer, the Company may suspend the services in whole or in part, as a caution and in the interest of the customer, and may send an invoice in advance respect to the ordinary timing of issuing of invoices.

The infrastructure of the electronic communications network used for the purpose of provision of services covered by the contract consists also of networks provided by third party operators.

To the extent agreed upon by the Company and the customer in the contract, the availability and methods of activation and use of the selective call block, in permanent or user-controlled mode, are in compliance with the provisions of the AGCOM resolutions no. 78/02 / CONS and n. 418/07/CONS and following amendments. The Company, at the time of signing the contract, provides customers with the possibility of being included in the general telephone directories available to the public.

The Company has implemented quality control standards with regard to its electronic communication services and regularly reviews these standards in an effort to further improve its processes.

In order to evaluate the quality of the services offered to the customers, the Company, in relation to the parameters indicated in this Chart of Services, undertakes to carry out specific verifications on this regard.

The Company uses the quality parameters of fixed voice telephony, access to internet from a fixed location services and internet in the car services associated to machine-to-machine services, as well as the related definitions, methods and measurement periods, reported in the AGCOM resolutions n. 254/04/CSP, n. 131/06/CSP and n. 154/2012/CONS, as long as applicable, and following amendments and integrations.

The following indemnities and relevant amounts apply unless otherwise agreed in the contract between the Company and the customer.

12.1.1 In the event of late activation of the service with respect to the maximum term envisaged by the contract or late relocation of the service, and as long as the delay is the result of the Company’s violation of the applicable regulation, the Company shall pay to the customer an indemnification for each non-ancillary service equal to € 7,50 (seven/00) per each day of delay.

12.1.2 The indemnification provided by art.12.1.1 shall also be paid – with regard to the activation of the service – in cases of delay where the Company failed to comply with its information obligations regarding the reason of the delay, the time of the activation of the service, any impediments to said activation of the service, or in the event of incorrect allegations about technical or administrative impediments, except as otherwise provided in a business-to-business contract.

12.1.3 Should the delay affect procedures for the change of operator, the amounts referred to in paragraph 12.1.1 shall be reduced to 1/5 (one fifth).

12.1.4 With regard to ancillary services, the sum of € 2,50 (two/50), up to a maximum of € 300,00, (three hundred/00), shall be paid as indemnification for each day of delay. In the event of free services, the amount of € 1,00 (one/00) as indemnification applies for each day of delay, up to a maximum of € 100,00 (one hundred/00).

12.2.1 In the event of administrative suspension or termination of one or more services without the relevant requirements (for the suspension or termination), or in the event that the relevant notice (of suspension or termination) is not given in advance, the Company shall pay an indemnification, for each non-accessory service, equal to € 7,50 (seven/50) per each day of suspension.

12.2.2 Should said suspension or termination affect only ancillary or free services, the amounts referred to in paragraph 12.1.4 shall apply.

12.3.1 In the event of complete interruption of the service for technical reasons attributable to the Company, an indemnification shall be paid, for each non-accessory service, equal to € 6,00 (six/00) per each day of interruption.

12.3.2 In the event of irregular or discontinuous supply of the service that does not entail the complete interruption of the service, or in case of failure to comply with the quality standards laid down in this Chart of Services, should these events be attributable to the Company, the Company shall pay an indemnification for each non-ancillary service equal to € 3,00 (three/00) per each day of malfunction of the service, except as otherwise provided in a business-to-business contract.

12.3.3 If the malfunction is due to the delay, attributable to the Company, in fixing a fault, the aforesaid indemnification shall be paid for the entire period between the filing of the relevant complaint and the effective restoration of the functionality of the service.

12.3.4 In the events provided under paragraphs 12.3.1, 12.3.2, 12.3.3 above, if the failure affects only the additional services, for the purpose of calculating the amount of the indemnification, paragraph 12.1.4 shall apply.

12.4.1 In the event of delay in the execution of the number portability procedure, and the Company is responsible for the delay, the Company shall pay an indemnification equal to € 1,50 (one/50) per each day of delay, exception made for cases of malfunctions that are regulated by the relevant specific provisions otherwise provided in a business-to-business contract. In the event that the delay concerns number portability only, the Company, if responsible for the delay, shall pay to the concerned customers an indemnification equal to € 5,00 (five/00) per each day of delay, except as otherwise provided in a business-to-business contract.

In the event the Company is responsible for not requested activation or termination of carrier selection or carrier pre-selection service, the Company shall pay the concerned customers an indemnification equal to € 2,50 (two/50) per each day of not requested activation or termination, without prejudice to the right to the cancellation of the fees charged for the traffic generated with the Company and the reimbursement of any additional charges.

12.6.1 In the event of activation of services not requested, without prejudice to the right of the customers to obtain the cancellation, or a new calculation of the amounts charged, the Company shall pay to the customers an indemnification equal to € 5,00 (five/00) per each day of activation.

12.6.2 In the event of ancillary services or tariffs not requested, an indemnification equal to € 2,50 (one/00) per each day shall be paid. In the event terminal devices or SIMs were supplied but not requested, a flat -rate indemnification of 25,00 € per device or SIM shall apply.

Should the telephone number assigned to the customer no longer be available to the customer due to a fact attributable to the Company, the concerned customer shall be entitled to receive an indemnification by the Company equal to € 100,00 (one hundred/00) per each year of previous use of the assigned number, up to maximum € 1.500,00 (one thousand five hundred/00).

12.8.1 In case of lack or wrong indication of data relevant to the customer in the directories provided by art. art. 55 of the Legislative Decree no. 259/2003, the customer is entitled to receive by the Company, where the company is responsible, an indemnification equal to € 200,00 (two hundred/00) per each year of lack or wrong indication.

12.8.2 The indemnification provided under paragraph 12.8.1 shall also be paid in case the data is not updated notwithstanding a justified and timely request has been made by the customer.

12.9.1 In the event of lack or late reply by the Company to a complaint within the terms provided by this Chart of Services or by the relevant AGCOM resolutions, the Company shall pay to the concerned customer an indemnification equal to € 2,50 (one/00) per each day of delay, up to maximum € 300,00.

12.9.2 The indemnification provided under paragraph 12.9.1 is calculated on a unitary basis regardless of the number of lines covered by the claim and even in case of reiterated, further or subsequent complaints, as long as said complaints refer to the same issue.

12.10.1 In the event provided under art. 12.3, 12.5, 12.6, 12.8, the indemnification is calculated based upon the date of filing of the complaint by the customer.

12.10.2 In case the customer affected by the malfunction is a business customer, pursuant to art. 12.1, 12.2, 12.3, 12.4, the amount provided as indemnification, at a minimum, shall be doubled, while it shall be quadrupled pursuant to art. 12.7 and 12.8.

12.10.3 Without prejudice to the dictate of paragraph 12.9.2, in the event of multiple telephone numbers held by a single customer, the indemnification shall be paid on a unitary basis if, due to the issue occurred, the calculation of the indemnification, considering the number of telephone numbers held by a single customer, is not fair.

12.10.4 In the event of mobile user is affected pursuant to art. 12.1.2, the network access service is the sole basis for calculating the indemnification

In the event that the electronic communication services have been misused by a customer in compliance with the scope or the terms of the contract, the indemnifications provided herein shall not apply with regard to issues consequent or related to said use.

Pursuant to Annex A to Resolution n. 347/18/CONS issued by AGCOM, and possible further amendments, the Company is committed to pay indemnities hereinafter indicated in this article 12.

 

Services offered by the Company1

 
1 Voice telephony service
2 Supply of telecommunications public networks, including internet access from fixed location service
3 Value added services – VoIP
4 Value added service – (“IP”)
5 Value added service – (“ITFS”) – Reseller
6 Value added service – (“COLLECT”) – Reseller
7 Value added service – (“VTS”) – Reseller
8 Value added service – (“800”) – Reseller
9 Supply of value-added service (“Videoconference”)
10 Supply of nomadic vocal communications services available to the public (“VoIP”)
11 Internet in the car services associated to machine-to-machine services

1 Company offers services to wholesale and enterprise customers only. The offers currently implemented are provided to other electronic communication services providers (wholesale services) and to large business customers (enterprise services).

Tata Communications (Italy) S.r.l. – Carta dei Servizi.pdf

Performance Results of the Second Semester of 2019 (July 1, 2019 to December 31, 2019)