These are the Terms of Reference approved by the Board, in line with the Articles of Association of the Company (herein “Ombudsman Services”).
Terms of reference are also available to download here:
1.1 The definitions, below, apply to both this Annex and the Terms of Reference in relation to complaints brought to Ombudsman Services: Communications against Participating Companies:
“the Act” means the Communications Act 2003;
“Award” means the compensation awarded to the Complainant not exceeding £10,000 (inclusive of VAT, if any) per complaint; “Customer” means any person who is either a domestic customer or small business customer, as defined below;
“Domestic customer” is as defined in s.52(6) of the Act and means a customer who uses or requests for use any service falling within the jurisdiction of Ombudsman Services: Communications for purposes which are outside his or her trade, business or profession;
"Ombudsman Services: Communications" means the Ombudsman Service provided to Ombudsman Services: Communications participating companies;
“Public Communications Provider (PCP)” is as defined in s.151(1) of the Act and means either
“Participating Company”, for the purposes of Ombudsman Services: Communications, means a PCP who has subscribed to become a Participating Company in accordance with the Terms of Reference, Membership Rules for Participating Companies and the present Annex and, as the context so requires, each and/or any of its subsidiary undertakings from time to time, and, which has put relevant services and/or products under the jurisdiction of the Ombudsman;
“Potential Participating Company/Companies”, for the purposes of Ombudsman Services: Communications, means a PCP that is not a Participating Company but that, if it subscribed to be a Participating Company would be eligible to be so under the Terms of Reference and this Annex;
“Sector Liaison Panel/SLP” means the Sector Liaison Panel referred to in Paragraph 6 of this annex;
“Small Business Customer” is to be determined by the Board (from time to time), and following such determination, published by the Board whether by amendment to this Annex or otherwise. As of October 2015 a small business customer is defined as a person, or entity, for which no more than ten individuals work (whether as employees or volunteers or otherwise), in respect of an undertaking carried on by him or it.
2.1 Any PCP established in the United Kingdom shall be eligible to become a Participating Company in the Ombudsman Services: Communications.
3.1 The services provided by Participating Companies of the Ombudsman Services: Communications which will be covered by, and fall within the jurisdiction of, the Ombudsman and Ombudsman Services: Communications are;
4.1 Further to, and in addition to, the provisions of paragraphs 3 and 6 of the Terms of Reference, the Ombudsman and Ombudsman Services: Communications shall only have jurisdiction in relation to a complaint against a Participating Company if the person making the complaint;
5.1 The Ombudsman shall not accept a complaint about a matter;
6.1 The Ombudsman Services: Communications shall constitute a Sector Liaison Panel whose constitution and remit will be determined from time to time by the Board.