Complaints

MARKET SEARCH AFRICA LTD – COMPLAINTS HANDLING PROCEDURE

  1. Definitions and Interpretation

      1. In this Complaints Handling Procedure the following expressions have the following meanings:

Appeal”

means a request from a Customer to escalate a Complaint to Level Two following an unsatisfactory outcome at Level One;

 

Appeal Handler”

means an employee of Market Search Africa LTD working at Supervisory or Above who will handle Level Two Complaints;

 

Business Day”

means, any day (other than a Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the United Kingdom;

 

Complaint”

means a complaint about goods AND/OR services sold by Market Search Africa LTD, about our customer service, or about our employees or agents ;

 

Complaints Form”

means our standard complaints form for use by Customers, available from https://help.emesay.com

 

Complaint Handler”

means an employee of Market Search Africa LTD working at Helpdesk who will handle Level One Complaints;

 

Complaints Policy”

means our customer complaints policy, available from https://help.emesay.com

 

Complaint Reference”

means a unique code assigned to a Complaint that will be used to track that Complaint;

 

Customer”

means a customer of https://emesay.com and includes potential customers (no purchase necessary);

 

Data Protection Policy”

means our data protection policy, available from https://help.emesay.com

 

Decision Letter”

means a letter sent by a Complaint Handler or Appeal Handler to a Customer informing that Customer of the outcome of their Complaint;

 

External Resolution”

means the referral of a Complaint to an external body or organisation for resolution by a Customer if that Customer is not satisfied with the outcome at Level Two;

 

Investigation Report”

means the report prepared by a Complaint Handler or Appeal Handler detailing his/her investigation;

 

Level One”

means the first stage in this Complaints Handling Procedure under which Complaints will be handled by a Complaint Handler;

 

Level Two”

means the second stage in this Complaints Handling Procedure under which a Customer may appeal the outcome of a Level One Complaint and under which Complaints will be handled by an Appeal Handler;

 

Recommendation”

means the recommended resolution to a Complaint made by a Complaint Handler or Appeal Handler; and

 

Resolution Action”

means the available actions to be taken in response to a Complaint as detailed in Section 8.

 
  1. What this Complaints Handling Procedure Covers

      1. This Complaints Handling Procedure applies to Complaints pertaining to the sale of goods AND/OR the provision of services by https://help.emesay.com, to our customer service and to our employees agents.

      2. For the purposes of this Complaints Handling Procedure, any reference to Market Search Africa LTD also includes our employees agents.

      3. Complaints may relate to any of our activities and may include (but not be limited to):

          1. The quality of our customer service;

          2. The behaviour and/or professional competence of our employees agents;

          3. Delays, defects or other problems associated with the sale of goods;

          4. Delays, defects, poor workmanship or other problems associated with the provision of services;

      4. The following do not constitute Complaints. Customers raising such questions or matters should be directed to the appropriate department:

          1. General questions about our goods AND/OR services;

          2. Returns of damaged, faulty, incorrect or unwanted goods for exchange or refund in accordance with our https://help.emesay.com where there is no further complaint;

          3. Matters concerning contractual or other legal disputes;

          4. Formal requests for the disclosure of information including, but not limited to, those made under the Data Protection Act;

  1. Receipt and Recording of Complaints

      1. Customers may make Complaints to Market Search Africa LTD using any of the following methods:

          1. Online, Using our Complaints Form, following the instructions included with the form https://help.emesay.com/

          2. By email, at helpdesk@emesay.com;

          3. By logging a complaint via our helpdesk using https://help.emesay.com

      2. Upon receipt of Complaints, the following steps should be taken within 7 Business Days:

          1. If a written Complaint is received by email, Helpdesk Agent must Log it into helpdesk software and issue a ticket number with a received response;

          2. If a Complaints Form is received, Helpdesk Agent must Log it into helpdesk software and issue a ticket number with a received response;

      3. All Complaints must be given a Complaint Reference and forwarded to an appropriate Complaint Handler, selected in accordance with Section 6.1 within 5 Business Days.

      4. All Complaints must be acknowledged in writing within 1 day of receipt by Helpdesk Agent . The acknowledgement should inform the Customer of their Complaint Reference, their assigned Complaint Handler and should include copies of Market Search Africa LTD’s Customer Complaint Policy and this Complaints Handling Procedure.

  1. Complaint Information

      1. Customers are advised in our Complaints Policy that the following information should be provided in as much detail as is reasonably possible when making a Complaint:

          1. The Customer’s name, address, telephone number and email address, indicating any preferred method of communication;

          2. If the Customer is being represented by a third party, the information set out in Section 4.1.1 should be provided in reference to both parties;

          3. If the Complaint relates to a particular transaction, the in reference, e.g. order number, invoice number etc.;

          4. If the Complaint relates to a particular employee agent, the name and, where appropriate, the position of that employee agent;

          5. Further details of the Complaint including, as appropriate, all times, dates, events, and people involved;

          6. Details of any documents or other evidence on which the Customer wishes to rely in support of the Complaint;

          7. Details of how the Customer would like Market Search Africa LTD to resolve the Complaint. Whilst we undertake to make all reasonable efforts to accommodate such requests, however, we are not bound to take any action beyond that which we may be contractually or otherwise legally obliged to take.

      2. If the information detailed in Section 4.1 is missing, insufficiently detailed, or incomplete, Helpdesk Agent should contact the Customer within 5 Business Days of receipt of the Complaint to request further information OR the Complaint Handler should contact the Customer within 5 Business Days of being assigned to the Complaint to request further information.

  1. Complaint Levels

      1. Market Search Africa LTD operates a two-stage complaints handling procedure. Upon receipt, all new Complaints should be handled in accordance with the Level One procedure set out in Section 6 below. It is our policy to use all reasonable endeavours to resolve all Complaints to Customers’ satisfaction at Level One.

      2. If a Customer is not satisfied with the resolution of their Complaint at Level One, he/she may request that the Complaint is escalated to Level Two in the form of an Appeal at which point the Complaint should be handled in accordance with the Level Two procedure set out in Section 7 below.

      3. If a Customer is not satisfied with the resolution of their Complaint at Level Two, he/she has the option of referring the matter to UK Trading Standards Agency for External Resolution as detailed in Section 9 below.

  1. Level One Complaints

      1. The following staff members are qualified and eligible Complaint Handlers for Level One Complaints:

          1. Complaints pertaining to customer service may be referred to:

Helpdesk Agent, Supervisor, Management

          1. Complaints pertaining to the behaviour and/or professional competence of our employees agents may be referred to:

Supervisor, Management

          1. Complaints pertaining to goods may be referred to:

Helpdesk Agent, Supervisor, Management.

          1. Complaints pertaining to services may be referred to:

Helpdesk Agent, Supervisor, Management.

      1. Upon receipt of a Complaint, the Complaint Handler shall consider the Complaint and make a decision within 5 Business Days whether to:

          1. Investigate the Complaint fully if it is considered to be valid, in which case the procedure should resume from Section 6.3; or

          2. Dismiss the Complaint if it is considered to be invalid, in which case the Complaint Handler should inform the Customer of his/her decision in writing within 5 Business Days.

      2. Subject to delays arising from circumstances beyond his/her reasonable control (including, but not limited to, delays in other persons responding to communications), the Complaint Handler shall have a period of 5 Business Days in which to fully investigate the Complaint and to decide upon appropriate Resolution Action(s).

      3. If the Complaint relates to (a) particular employee(s) agent(s) (a “Complainee” or “Complainees”), the Complaint Handler shall inform the Complainee(s) in question of the Complaint and arrange meetings AND/OR telephone calls as required to discuss the Complaint. In such cases, the Complainee(s) should not, under any circumstances, contact the Customer directly regarding the Complaint. If the Customer contacts the Complainee(s) directly regarding the Complaint (which they are requested not to do in our Complaints Policy), the Complainee(s) should respectfully refuse to discuss the matter, referring the Customer to Section 5.2.3 of our Complaints Policy. Any such contact should be reported to the Complaint Handler.

      4. If the Complaint Handler requires additional information or evidence in support of the Complaint, the Complaint Handler shall contact the Customer using the Customer’s preferred method of communication, stating clearly what information or evidence is required. Customers should be respectfully reminded that any delay in their response to such a request may delay the resolution of their Complaint, as per Section 5.2.4 of our Complaints Policy.

      5. If a Customer is unable or unwilling to provide information or evidence requested under Section 6.5, the Complaint Handler must nevertheless use all reasonable endeavours to resolve the Complaint. If, however, the Complaint Handler considers that it is not possible to uphold the Complaint in the absence of the requested information or evidence, he or she may close the Complaint and inform the Customer of the outcome in accordance with Sections 6.9 to 6.12.

      6. The Complaint Handler shall examine and evaluate the Complaint, taking full account of all relevant statements, information, evidence and circumstances and shall maintain full objectivity and fairness at all times.

      7. Subject to the exceptions in Section 6.8.1, During the investigation of the Complaint, the Complaint Handler shall have access to all records, information, employees agents that may be necessary to enable him/her to carry out an impartial and thorough investigation.

          1. Access to the following records and/or information is restricted and shall require the authorisation of Management:

      8. Following his/her examination of the Complaint, the Complaint Handler shall reach a decision within the time period set out in Section 6.3 (subject to the exceptions noted therein). Resolution Actions that may be chosen are set out in Section 8.

      9. Upon reaching a decision, the Complaint Handler shall send an Investigation Report and Recommendation for review and authorisation by Supervisor who shall be required to respond within 5 Business Days.

      10. In the event that Supervisor does not agree with the Complaint Handler’s decision and/or Recommendation under Section 6.10 he/she must give reasons for such disagreement and the Complaint Handler shall have a further 5 Business Days to revise his/her decision and/or Recommendation and resubmit it to Management for review and authorisation. If, following resubmission, Management still does not agree with the decision and/or Recommendation, Managements preferred decision and/or Recommendation shall be final.

      11. Upon reaching a decision under Section 6.9 OR Upon receiving approval or a final decision under Section 6.10 or 6.11, as applicable], the Complaint Handler shall send an Investigation Report and Decision Letter to the Customer by first class post or by email, as appropriate. Decision Letters shall set out the decision, the Resolution Action(s), and shall remind the Customer of their right to escalate the Complaint to Level Two.1 copy of the Investigation Report and Decision Letter should be filed logged and recorded according to company guidelines.

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      13. If a delay either occurs or is considered likely to occur at any stage of the Level One procedure, the Complaint Handler shall inform the Customer using the Customers preferred communication method. The Customer should be informed of the length or likely length of the delay and the reasons therefore.

      14. The Customer shall have a time limit of 7 Business Days within which to make an Appeal if he/she wishes to escalate the Complaint to Level Two.

      15. Upon receipt of an Appeal, the following steps should be taken within 7 Business Days by the Complaint Handler:

          1. If a written Appeal is received, the Complaint Handler must Re-open ticket and assign to Management;

      16. All Appeals must be forwarded to an appropriate Appeal Handler, selected in accordance with Section 7.1 within 5 Business Days.

      17. All Appeals must be acknowledged in writing within 1 day of receipt by Helpdesk Agent. The acknowledgement should inform the Customer of their assigned Appeal Handler.

  1. Level Two Complaints

      1. The following staff members are qualified and eligible Appeal Handlers for Level Two Complaints:

          1. Appeals pertaining to customer service may be referred to:

Supervisor

          1. Appeals pertaining to the behaviour and/or professional competence of our employees agents may be referred to:

Management

          1. Appeals pertaining to goods may be referred to:

Management

          1. Appeals pertaining to services may be referred to:

Management


OR

      1. The following staff members are qualified and eligible Appeal Handlers for Level Two Complaints:

Supervisor, Management

      1. Upon receipt of an Appeal, the Appeal Handler shall consider the Appeal and make a decision within 5 Business Days whether to:

          1. Investigate the Complaint fully if it is considered to be valid, in which case the procedure should resume from Section 7.3; or

          2. Dismiss the Complaint if it is considered to be invalid, in which case the Appeal Handler should inform the Customer of his/her decision in writing within 7 Business Days. If the Complaint is so dismissed, the Complaint may be dismissed in its entirety, or the Resolution Action from Level One may stand.

      2. Subject to delays arising from circumstances beyond his/her reasonable control (including, but not limited to, delays in other persons responding to communications), the Appeal Handler shall have a period of 7 Business Days in which to fully investigate the Complaint and to decide upon appropriate Resolution Action(s).

      3. If the Complaint relates to (a) particular Complainee(s), the Appeal Handler shall inform the Complainee(s) in question of the Appeal and arrange meetings AND/OR telephone calls as required to discuss the Complaint. In such cases, the Complainee(s) should not, under any circumstances, contact the Customer directly regarding the Complaint. If the Customer contacts the Complainee(s) directly regarding the Complaint (which they are requested not to do in our Complaints Policy), the Complainee(s) should respectfully refuse to discuss the matter, referring the Customer to Section 5.3.3 of our Complaints Policy. Any such contact should be reported to the Appeal Handler.

      4. If the Appeal Handler requires additional information or evidence in support of the Complaint, the Appeal Handler shall contact the Customer using the Customer’s preferred method of communication, stating clearly what information or evidence is required. Customers should be respectfully reminded that any delay in their response to such a request may delay the resolution of their Complaint, as per Section 5.3.4 of our Complaints Policy.

      5. If a Customer is unable or unwilling to provide information or evidence requested under Section 7.5, the Appeal Handler must nevertheless use all reasonable endeavours to resolve the Complaint. If, however, the Appeal Handler considers that it is not possible to uphold the Complaint in the absence of the requested information or evidence, he or she may close the Complaint and inform the Customer of the outcome in accordance with Sections 7.9 to 7.12.

      6. The Appeal Handler shall examine and evaluate the Complaint, taking full account of all relevant statements, information, evidence and circumstances and shall maintain full objectivity and fairness at all times.

      7. Subject to the exceptions in 7.8.1, During the investigation of the Complaint, the Appeal Handler shall have access to all records, information, employees agents that may be necessary to enable him/her to carry out an impartial and thorough investigation.

          1. Access to the following records and/or information is restricted and shall require the authorisation of Management:

      8. Following his/her examination of the Complaint, the Appeal Handler shall reach a decision within the time period set out in Section 7.3 (subject to the exceptions noted therein). Resolution Actions that may be chosen that may be chosen are set out in Section 8.

      9. Upon reaching a decision, the Appeal Handler shall send an Investigation Report and Recommendation for review and authorisation by Management Group who shall be required to respond within 5 Business Days.

      10. In the event that Management Group does not agree with the Appeal Handler’s decision and/or Recommendation under Section 7.10 he/she must give reasons for such disagreement and the Appeal Handler shall have a further 5 Business Days to revise his/her decision and/or Recommendation and resubmit it to Management Group for review and authorisation. If, following resubmission, Management Group still does not agree with the decision and/or Recommendation, Management Groups’s preferred decision and/or Recommendation shall be final.

      11. Upon reaching a decision under Section 7.9 OR Upon receiving approval or a final decision under Section 7.10 or 7.11, as applicable, the Appeal Handler shall send an Investigation Report and Decision Letter to the Customer by first class post or by email, as appropriate. Decision Letters shall set out the decision and the Resolution Action(s). The Customer shall also be reminded of their right to seek External Resolution of their Complaint.1 copy of the Investigation Report and Decision Letter should be filed logged and recorded according to company guidelines.

      12. If a delay either occurs or is considered likely to occur at any stage of the Level Two procedure, the Appeal Handler shall inform the Customer using the Customer’s preferred communication method. The Customer should be informed of the length or likely length of the delay and the reasons therefor.

  1. Resolution Actions

When handling Complaints, Complaint Handlers and Appeal Handlers may select from the following Resolution Actions, as appropriate to the facts and circumstances of a Complaint:

      1. investigate the complaint competently, diligently and impartially, obtaining additional information as necessary ;

      2. assess fairly, consistently and promptly:

        1. (a) the subject matter of the complaint ;

        2. (b) whether the complaint should be upheld;

        3. (c) what remedial action or redress (or both) may be appropriate;

        4. (d) if appropriate, whether it has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in the complaint;

      3. taking into account all relevant factors;

      4. offer redress or remedial action when it decides this is appropriate;

      5. explain to the complainant promptly and, in a way that is fair, clear and not misleading, its assessment of the complaint, its decision on it, and any offer of remedial action or redress;

      6. comply promptly with any offer of remedial action or redress accepted by the complainant.;

      7. Escalate to next level were resolution not found at level one

      8. Follow up on out come of resolution ;

  1. External Resolution

      1. As Market Search Africa LTD is regulated UK Trading Standard , Customers have the right to seek External Resolution of Complaints from that organisation if they are not satisfied with the outcome resulting from this Complaints Handling Procedure.

      2. Any and all requests made by UK Trading Standards for evidence or information, whether written or oral, shall be answered without undue delay, subject to the approval and authorisation of Management Group, who shall ensure that said request is reasonable and pertinent given the nature of the Complaint.

  1. Implementation of Resolution Actions

Upon the conclusion of a Complaint, whether at Level One or Level Two or by External Resolution the Resolution Action(s) settled upon shall require implementation in a timely manner. Responsibility for the implementation of Resolution Actions ultimately lies with the following the Board of Directors Resolution Actions pertaining to customer service shall be the responsibility of:customer help desk.

      1. Resolution Actions pertaining to the behaviour and/or professional competence of our employees agents subcontractors] shall be the responsibility of:

Management

      1. Resolution Actions pertaining to goods shall be the responsibility of:

Supervisor,Management

      1. Resolution Actions pertaining to services shall be the responsibility of:

Management.

  1. Recording of Resolution Actions

      1. Upon the conclusion of a Complaint and the implementation of the applicable Resolution Action(s), The ticket will be marked closed and the resolution owner shall enter the relevant resolution information in the helpdesk software.

  1. Confidentiality and Data Protection

      1. All Complaints, Appeals, evidence and other information gathered, held and processed under this Complaints Handling Procedure shall be treated with the utmost confidence at all times. Such information may be shared with employees agents subcontractors of Market Search Africa LTD only to the extent required to resolve the Complaint in question in accordance with this Complaints Handling Procedure.

      2. In the event that the details of a Complaint are to be used for training or quality improvement purposes, in which case they will be shared with other employees agents subcontractors of Market Search Africa LTD beyond the scope of this Complaints Handling Procedure, the relevant Customer’s express permission must first be sought using that Customer’s preferred contact method. Personal details (that is, anything that may be used to identify the Customer) shall be removed from all information so used. Such permission may be revoked at any time in accordance with the Customer’s right to do so under Section 6.2 of our Customer Complaints Policy.

      3. All personal information collected by Market Search Africa LTD (including, but not limited to, Customers’ names and contact details) shall only be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and our Customers’ rights under that Act , as detailed and embodied in our Data Protection Policy.

  1. Procedure Review and Responsibility

      1. Overall responsibility for this Complaints Handling Procedure and the implementation thereof lies with CEO OF Market Search Africa LTD.

      2. This Complaints Handling Procedure shall be reviewed regularly at intervals of not more than 6 months and shall be updated as required.

      3. This Complaints Handling Procedure was adopted on 01 August 2019.

      4. This Complaints Handling Procedure was last reviewed on 01 August 2019.

 

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