NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
as well as the specific regulatory requirements imposed on them. Consequently, the institutions must comply with both the NDPA and sector- specific regulations such as the CBN’s Cyberse - curity Framework and Open Banking Guidelines which impose higher data protection obligations on participants. 7.2 Service Agreements and Interconnection Agreements Key Elements of Telecommunications Service Agreements The NCC Nigerian Communications (Consumer Code of Practice) Regulations sets out manda - tory terms to be included in a telecommunica - tions service agreement, which are as follows. • Minimum contract period including the ter - mination procedure and the consequence for termination. • The procedure for early termination of the agreement. • The amount or method for calculating any charges payable upon early termination. • Provision for disconnection and reconnection of services including applicable fees. • Provision on service interruption, withdrawal or discontinuance. • Provision on the service delivery, installation or activation. Negotiating Favourable Contractual Terms In negotiating favourable terms in telecommu - nications service agreements, companies can consider the following strategies. • Clearly communicating expectations, limita - tions and service capacity to ensure that the terms balance the interests of parties. • Review industry pricing and compare pric - ing offers from multiple providers to ensure competitive rates.
• Ensure the contract includes detailed service levels that guarantee uptime, response times and penalties for service outages or poor performance. • Include clauses allowing regular performance reviews and audits to ensure the provider continues to meet agreed standards. • If the service provider offers multiple services, consider negotiating bundled pricing for bet - ter overall value. Considerations for TMT Companies Before Entering Interconnection Agreements Some factors companies should consider before entering interconnection agreements include the following. • Description of interconnection services to be provided. • Terms of payment, including billing proce - dures. • Points of interconnection and interconnection facilities. • Technical standards for interconnection. • Interconnection charges and their evolution over time. • Dispute resolution procedure between par - ties. • Procedures for alterations being proposed to the telecommunications network or service offerings of one of the parties. • Traffic and network management. • Maintenance of end-to-end quality of inter - connection services. • Termination procedures.
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