13.1. Lodging of complaints

13.1.1. Any person may lodge a complaint against any member who, in the view of the complainant, has acted contrary to the provisions of this Code.

13.1.2. Any complaint must be lodged with the WASPA secretariat using the contact information published on the WASPA web site.

13.1.3. A complaint must contain the following information:

1. the name of the wireless application service provider against whom the complaint is being made, or if the identity of the service provider is not clear, the number of the service or other identifying information;
2. the full names, address and contact details of the complainant;
3. to the extent that the information is known or available, identification of the part or parts of the Code of Conduct which has allegedly been breached; and
4. a detailed description of the actions (or inactions) that resulted in the alleged breach.

13.1.4. Any complaint lodged that does not contain the above information may be referred back to the complainant by the secretariat, together with a request to provide the missing information.

13.1.5. The secretariat may initiate a complaint against a member on behalf of WASPA, should it become aware of an apparent breach of the Code.

13.1.6. The secretariat shall have the discretion to make use of either the informal or formal complaint procedure to process any complaints received, subject to clauses 13.2.1. and 13.3.1.

13.2. Informal complaint procedure

13.2.1. In the case of a complaint for which it is feasible for the member to provide a prompt remedy and where no material breach of the Code seems to have occurred, the following informal complaint procedure will be followed.

13.2.2. The secretariat will forward the complaint to the member concerned.

13.2.3. The member has five working days to effect an appropriate remedy.

13.2.4. Thereafter, if the complainant is satisfied that the member has adequately addressed the complaint then the complaint is considered closed and no further action is taken.

13.2.5. If the complainant is not satisfied that the complaint has been satisfactorily resolved, then the formal complaint procedure will be used to handle the complaint further.

13.2.6. The secretariat will maintain a record of any complaints resolved through the informal complaint procedure.

13.3. Formal complaint procedure

13.3.1. In the case of a complaint for which it is not feasible for the member concerned to provide a prompt remedy, or a complaint that has been escalated from the informal complaint procedure, the following formal complaint procedure will be followed.

13.3.2. The member named in the complaint will be notified by the secretariat that a complaint has been lodged and that the formal complaint procedure is being followed.

13.3.3. The secretariat will provide the member with a copy of the complaint, and any additional information relevant to the complaint.

13.3.4. The member will be given five working days to respond to the complaint, and to provide any additional information the member deems relevant to the complaint.

13.3.5. If the member fails to respond within this time period, it will be assumed that the member does not wish to respond.

13.3.6. Notwithstanding any response from the member, the secretariat will assign the complaint to an adjudicator, and provide the adjudicator with all material relevant to the complaint.

13.3.7. The adjudicator must carefully review:

1. the complaint;
2. any response the member has made to the complaint;
3. the WASPA Code of Conduct;
4. any other material relevant to the complaint, as supplied by WASPA.

13.3.8. On the basis of the evidence presented, the adjudicator will decide whether there has been a breach of the Code. Each case will be considered and decided on its own merits.

13.3.9. If the adjudicator determines that there has been a breach of the Code, then the adjudicator must determine appropriate sanctions.

13.3.10. In determining any appropriate sanctions, the adjudicator must take into consideration:

1. any previous successful complaints made against the member;
2. any previous successful complaints of a similar nature.

13.3.11. Once the adjudicator has determined whether there has been a breach of the Code, and any sanctions, the adjudicator will provide the secretariat with a written report detailing these findings.

13.3.12. The secretariat will provide a copy of this report to the relevant member and to the complainant.

13.3.13. The member must, within five working days, comply with any sanction imposed, or notify the secretariat that it wishes to appeal against the decision of the adjudicator.

13.3.14. The failure of any member to comply with any sanction imposed upon it will itself amount to a breach of the Code and may result in further sanctions being imposed.

13.3.15. The secretariat will maintain a record of any complaints resolved through the formal complaint procedure.