Service Charter

The Service Charter is the document that sets out the fundamental rights of our Customers and the principles that underpin how Vianova supplies its services. The Service Charter complements the General Supply Terms and Conditions, which govern the contractual relationship with the Customer.

Principles

Information

In addition to the products and services offered, Vianova guarantees its Customers clear, complete, and prompt information. Furthermore, Customers can check their usage levels at no additional charge online by viewing the details of calls made, text messages sent, and data traffic used.

Involvement

Customers, either individually or through larger trade associations, can exercise their right to be involved in the process by sending documents and making comments and suggestions; these will be taken into consideration to improve the quality of the services offered. Vianova undertakes to reply within a maximum of 30 days.

Equality and impartiality

Vianova provides its services in accordance with the principle of the equal rights of its Customers, following criteria of objectivity, impartiality, and fairness in the drafting and preparation of contracts. Vianova guarantees equal treatment between different geographical areas and categories or groups of customers, offering the same conditions for the service provided. With regard to different categories or groups of Customers, Vianova undertakes to promote all forms of differentiated use aimed at bringing about conditions of equal access and equality and the use of telecommunications services by the disabled and the elderly, in addition to supporting the elimination of communication barriers.

Efficiency and effectiveness

Vianova’s business is based on the criteria of service efficiency and effectiveness, and the company adopts the most practical technological, organizational, and procedural solutions to ensure an advanced and high-quality service.

Continuity

Vianova provides its services continuously, consistently, and without interruptions. If the service is not functioning as normal or is interrupted, Vianova takes the necessary measures to minimize the duration of the faults and the inconvenience to Customers.

Right to choose

In compliance with current legislation, Vianova respects the Customer’s right to choose between different service providers and ensures that they have the right to withdraw from the contract at any time by simply sending a registered letter with return receipt, certified email, or fax to Vianova.

Confidentiality

Vianova undertakes to observe the current regulatory provisions regarding the safeguarding and confidentiality of the Customer’s data, and guarantees that each Customer can exercise the right to access the information concerning him or her held by Vianova, as well as the data subject’s data processing rights in accordance with Legislative Decree no. 196 of June 30, 2003 and Regulation (EU) 2016/679.

Quality

Vianova has a certified Quality Management System for the services it offers in line with the ISO 9001:2015 standard, with the following scope of certification: ‘Design and provision of fixed telephone services, value-added services, and Internet services. Marketing, installation, and support for telephone systems and data networks’.

Information security

Vianova has a certified Information Security Management System for the services it offers in line with the ISO 27001:2013 standard, with the following scope of certification: ‘Creation, provision, maintenance, and continuity management of integrated services, voice, data, Internet access, and colocation services’.

Quality Standards

In its Service Charter, Vianova sets out a series of quality parameters that it undertakes to meet and maintain during the current year, allowing Customers to verify that these parameters have actually been implemented.

The Quality Standards set out in the Service Charter are divided into General Standards and Specific Standards. The General Standards refer to the services as a whole, while the Specific Standards pertain to each of the individual services provided to the Customer, who can directly verify compliance with them.

Complaints

If Vianova fails to comply with the Specific Standards for reasons attributable to Vianova, the Customer is entitled to request compensation and obliges Vianova to pay said compensation as indicated below.

In order to be compensated, the Customer must send to Vianova, within 30 days of the failure to comply with the Specific Standard, a registered letter with return receipt, certified email, email, or fax containing the compensation request and the corresponding justification.

Judicial protection

Customers who claim the violation of a right or interest protected by the contract or by any other private law agreement, before resorting to court proceedings to resolve the dispute, must follow the procedures for out-of-court dispute resolution established by the Autorità per le Garanzie nelle Comunicazioni (Italian Communications Authority) according to the terms and the methods set out by Resolution no. 203/18/CONS of April 24, 2018, containing the ‘Regulation on the procedures for resolving disputes between users and electronic communications operators’.

In particular, for the disputes specified by Authority provisions, no appeal may be lodged in court until an obligatory attempt at mediation has been made, which must be concluded within 30 days of the submission of the request to the Authority pursuant to Article 1, paragraph 11 of Law 249/97. To this end, the time limits for taking legal action are suspended until the mediation proceedings have been settled.

Keeping Customers informed

Vianova ensures that Customers are fully informed about:

  • this document and its amendments
  • modifications to the technical specifications of the services, the updating of tariffs, and changes to the General Terms and Conditions for the supply of services. If the changes involve an objective improvement to the technical and economic conditions of the services, the improved conditions will automatically be applied to the Customer. However, if these changes involve an increase in the price of the services or an increase in other charges to be borne by the Customer, they will become effective only after a period of 30 days following receipt of the written notification by the Customer. Within this period, the Customer may withdraw from the contract with Vianova with immediate effect by notifying the company via registered letter with return receipt or certified email.
  • the availability of invoices relating to the previous month’s telephone traffic by the 10th (tenth) working day of each month, through a private Customer Area on its website. From this date, certified true copies of invoices can be downloaded and registered for accounting purposes. The invoice is available at least 15 days before payment is due

The contact details for Customer communication are:

  • Customer Service: toll-free number 145
  • registered letter with return receipt: Vianova spa, Via Montramito 431 – 55054 Massarosa (LU)
  • certified email: info@pec.vianova.it
  • email: info@vianova.it
  • fax: 05844244201

Final notes

This Service Charter was drawn up in compliance with the resolutions of the Autorità per le Garanzie nelle Comunicazioni (Italian Communications Authority): no. 179/03/CSP ‘Approval of the general directive on quality and telecommunications service charters pursuant to Article 1, paragraph 6, letter b), no. 2 of Law no. 249 of July 31, 1997’, no. 254/04/CSP ‘Approval of the directive on quality and fixed voice telephony service charters pursuant to Article 1, paragraph 6, letter b), no. 2 of Law no. 249 of July 31, 1997’, no. 131/06/CSP ‘Approval of the directive on quality and fixed Internet access service charters, pursuant to Article 1, paragraph 6, letter b), no. 2 of Law no. 249 of July 31, 1997’, no. 244/08/CSP ‘Further provisions on quality and fixed Internet access service charters to supplement Resolution no. 131/06/CSP’ and subsequent amendments and supplements, no. 154/12/CONS ‘Provisions on quality and service charters for mobile and personal communications services’ and subsequent amendments and supplements.

Fixed network services

General Standards 2018

Supply time for initial connection

This is defined as the time (measured in calendar days) that elapses between the day on which the valid order is received, as set out by the contract, and the day on which the service actually becomes available for use by the party requesting the service (Attachment 1 of Resolution no. 254/04/CSP and Attachment 1 of Resolution no. 131/06/CSP). For integrated direct voice and data services provided with other operators’ structures, i.e. for services provided to the Customer through its own network or through an unbundled local loop (ULL), Vianova sets six-monthly and yearly target values for all orders signed during the year:

  • 95% of cases within 69 calendar days
  • 99% of cases within 86 calendar days
  • 99% of cases by the date agreed with the Customer (90 calendar days)

The indicator refers to the service provided with an integrated voice and data solution. The supply time includes the time required to provide connectivity, test the equipment, and activate the lines. Given the integrated nature of the voice/data service, the Internet service cannot be activated separately at a different time. The objectives relating to this indicator do not take into account any delays in the supply of the service generated by TIM or another Operator, nor any different deadline agreed with the Customer

Fault rate per access line

This is given by the ratio between the number of reports relating to actual faults in the voice telephony service during the observation period and the average number of active access lines, counted on a monthly basis, within the same period (Attachment 2 of Resolution no. 254/04/CSP and Attachment 2 of Resolution no. 131/06/CSP). Vianova undertakes to maintain the following ratios as its six-monthly and yearly target values:

  • under 16% for direct integrated voice/data services provided with other operators’ structures
  • below 1% for indirect voice services using CPS

Fault repair time

This is defined as the time that elapses between being notified of an actual fault by the Customer and restoring full functionality (Attachment 3 of Resolution no. 254/04/CSP and Attachment 3 of Resolution no. 131/06/CSP). As its six-monthly and yearly target values, Vianova undertakes to resolve actual faults (relating to the network under its responsibility and resulting from failures of Vianova’s network or network termination equipment, including equipment installed on Customer premises):

  • within 12 working hours for 85% of reported faults
  • within 24 working hours for 95% of reported faults

Response time for operator services (145 number)

This is defined (Attachment 5 of Resolution no. 254/04/CSP and Attachment 4 of Resolution no. 131/06/CSP) as the time elapsed between receipt of full routing information by the network and the moment in which a human operator responds to the Customer to provide the requested service. Vianova sets the following as its target values:

  • IVR navigation time of zero
  • average response time of less than 10 seconds across all calls
  • response time of less than 20 seconds for 95% of calls

Disputed invoices

This indicator measures the percentage of invoices subject to a Customer complaint as a proportion of the number of invoices issued within the same period (Attachment 10 of Resolution no. 254/04/CSP and Attachment 5 of Resolution no. 131/06/CSP). Vianova sets the following target:

  • complaint percentage of less than 0.5%

Accuracy of billing

This indicator measures the percentage of disputed invoices relating to the voice telephony service where the complaint is acknowledged as justified and the amount is refunded to the Customer by means of a credit note, as a proportion of the number of invoices issued within the same period (Attachment 11 of Resolution no. 254/04/CSP). Vianova undertakes to implement all necessary controls for this purpose and sets the following target:

  • error percentage of less than 0.4%

Specific Standards

Activation time for Vianova services

Vianova undertakes to activate the Vianova services within 60 calendar days of receiving the contract signed by the Customer, subject to availability and in accordance with the time required for the provider to supply the access line.

For fiber optic services, the activation time is 120 days unless otherwise agreed between the parties, subject to the availability of the service and taking into account any permits, authorizations, or works to be paid for by the Customer, and the corresponding time required to carry out these works.

Maximum fault repair time

Vianova undertakes to eliminate any functional irregularities in the telephone and Internet services – for the part under its responsibility – within 3 working days, with the exception of particularly complex failures and cases of unforeseeable circumstances or force majeure, including by way of example natural disasters, earthquakes, floods, explosions, riots, third-party interventions or tampering with equipment, and any other event that cannot be controlled by or attributed to Vianova. In these cases, Vianova will do everything possible to restore the service to the Customer and will notify the Customer of the time frame for the work. In the event of scheduled maintenance, where it is necessary to interrupt the supply of the service, Customers affected by the interruption will be informed at least 24 hours in advance by way of direct communication or through other information tools. In any case, Vianova will take steps to resolve the problems, ensuring the inconvenience to Customers is minimized.

In the event that Vianova does not comply with the above terms, the Customer is entitled to the compensation set out in the following points.

Maximum response time for billing complaints

Refund requests and billing complaints must be sent to Vianova by registered letter with return receipt, certified email, email, or fax within 30 calendar days from the date of issue of the disputed invoice, except in cases where there is a delay in the sending of the invoice by Vianova.

Vianova undertakes to respond to the Customer within 30 calendar days from the moment in which the complaint is received, suspending the application of late payment charges during this period. In the case of particularly complex complaints, within the aforementioned period, Vianova will inform the Customer of the time required for a response.

In the event that the complaint disputes specific charges or charges pertaining to specific services, Vianova will not suspend the service in question until the complaint has been formally closed.

In the event that Vianova does not comply with the above terms, the Customer is entitled to the compensation set out in the following point.

Refund time for billing complaints

Where due, refunds are paid within 30 days from the conclusion of the appropriate checks, and in any case no later than 60 days after the date on which the complaint is submitted. The amounts due are credited to the next invoice following the conclusion of the appropriate checks or paid directly to the Customer. In the event of a failure to comply with these terms, the compensation set out in the next point will apply.

Maximum response time for Customer complaints

Complaints not relating to billing must be sent to Vianova by registered letter with return receipt, by certified email, by fax, or by telephone on the toll-free number 145. The Customer will be notified of the outcome of the complaint within 45 days of receipt of the complaint. In particular, in the event that the complaint is rejected, Vianova will provide a response in writing, giving suitable justification. In the event of a failure to comply with these terms, the compensation set out in the next point will apply.

Vianova ensures that Customers have traceability over reports and complaints.

Compensation

Compensation for non-compliance with the Specific Standards

In the event of a failure to comply with the SLAs for the activation of the Vianova services for reasons attributable to Vianova, the Customer can request compensation of 5 euro for each day of delay, up to a maximum of 15 days.

In the event of a failure to comply with the deadlines for repairing faults relating to the indirect access Voice service (CS or CPS), Vianova pays compensation of 5 euro for each day of delay, up to a maximum of 15 days.

In the event of a failure to comply with the deadlines for repairing faults that render the service unusable (service interruption) relating to the direct access Voice service and Data, Vianova pays the following percentages relating to the recurring monthly amounts (fees) set out in the corresponding offer:

  • 10% of the fee from 1 to 2 days’ delay
  • 30% of the fee from 3 to 5 days
  • 50% of the fee from 6 to 10 days
  • 100% of the fee from 11 to 15 days
  • 100% of the fee plus accrual of the daily fee for each subsequent day of delay beyond 15 days

In the event of a failure to comply with the provisions for the supply of refunds following complaints submitted by Customers, Vianova recognizes the legal interest on each day of delay in paying the refund.

In the event of a failure to comply with the response deadlines for customer complaints, including those relating to billing, Vianova will pay the sum of 2.50 euro for each day of delay, up to a maximum of 300.00 euro.

It is specified that:

  • the amounts indicated do not include VAT;
  • the compensation is calculated for all days of the year, including Saturdays, Sundays, and public holidays;
  • Vianova pays the compensation by crediting the next relevant invoice or by paying the Customer directly;
  • Vianova applies the compensation set out by the Compensation Regulations according to the established terms and procedures pursuant to Resolution no. 348/18/CONS, as applicable in defining disputes between users and electronic communication operators, where this is more favorable for the Customer.

Use of the connection

Anomalous traffic

Vianova, where it recognizes the conditions for the existence of anomalous traffic according to its internal procedure (based on evaluating the usage and type of the calling party), reserves the right to suspend the service after notifying the Customer.

Improper use

In the event of a report of fraud involving the improper use of the network connection by third parties, Vianova will suspend payments relating to the traffic reported as fraudulent until the dispute is settled upon the submission of a copy of the report filed by the Customer with the competent Authorities.

In cases of proven fraud, Vianova will reimburse any payments already made for which the Customer is not responsible.

Removal of selective call blocking

Vianova, in accordance with the provisions of Resolution 600/09/CONS, implements the automatic blocking of calls to premium and international numbers over 1.50 euro/min and offers customers (on request) the option to remove selective call blocking free of charge, in compliance with current regulations.

Mobile network services

General Standards 2018

Pursuant to Resolution no. 154/12/CONS, the General Standards of the relevant calendar year will be measured

Specific Standards

SIM activation time

Vianova undertakes to activate the SIM within 2 working days of the activation or MNP request.

Fault repair time

Vianova undertakes to intervene on any faults reported by the Customer – for the part under its responsibility – within 3 working days (72 hours), with the exception of those that are particularly complex and in cases of unforeseeable circumstances or force majeure, including by way of example natural disasters, earthquakes, floods, explosions, riots, third-party interventions or tampering with equipment, and any other event that cannot be controlled by or attributed to Vianova. In these cases, Vianova will do everything possible to restore the service to the Customer and will notify the Customer of the time frame for the work.

In the event that Vianova does not comply with the above terms, the Customer is entitled to the compensation set out in the following points.

Compensation

Compensation for non-compliance with the Specific Standards

In the event of a failure to comply with the SLAs for SIM activation for reasons attributable to Vianova, the Customer can request the compensation set out by Resolution no. 348/18/CONS.

In the event of a failure to comply with the deadlines for repairing faults for reasons attributable to Vianova, the Customer can request compensation of 10 euro.

In the event of a failure to comply with the time frame for the provision of the MNP service for reasons attributable to Vianova, the Customer is due compensation of 2.50 euro for each day of delay, up to a maximum of 50 euro, in compliance with Resolution no. 147/11/CIR. Compensation is not due for delays not exceeding 2 (two) working days; in the event that the delay continues beyond this period, all the days of delay, including the first two, will be taken into account when calculating the compensation.

In the event of a failure to comply with the response deadlines for customer complaints, including those relating to billing, Vianova will pay the sum of 2.50 euro for each day of delay, up to a maximum of 300.00 euro.

In the event of a failure to comply with the provisions for the supply of refunds following complaints submitted by Customers, Vianova recognizes the legal interest on each day of delay in paying the refund.

It is specified that:

  • the amounts do not include VAT;
  • the compensation is calculated for all days of the year, including Saturdays, Sundays, and public holidays;
  • Vianova pays the compensation by crediting the next relevant invoice or by paying the Customer directly;
  • Vianova applies the compensation set out by the Compensation Regulations according to the established terms and procedures as applicable in defining disputes between users and electronic communication operators, where this is more favorable for the Customer.

Documents

revision no. 26 of September 30, 2019