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Page 1 of 50 Framework Agreement on Mobile Content and Payment Services Version 6.0 The Framework Agreement The following Parties have entered into the Framework Agreement on Mobile Content and Payment
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Page 1 of 50 Framework Agreement on Mobile Content and Payment Services Version 6.0 The Framework Agreement The following Parties have entered into the Framework Agreement on Mobile Content and Payment Services: TDC A/S Telenor A/S Telia Danmark Hi3G Denmark ApS. The purpose of the Agreement is to establish a framework for the provision of mobile payment systems for use with Premium Rate goods and services with the intention of supporting market growth, innovation and consumer protection. Furthermore, the purpose of the Agreement is to guarantee a transparent market for mobile payment and Premium Rate goods and services, with standardised and correct communication to the consumers. The Agreement is subdivided into a general section and an operational section. GENERAL SECTION The Framework Agreement on Mobile Content and Payment Services, Version 6.0, including annexes, shall come into force on 1 July This Agreement supersedes all previous agreement versions. Page 2 of Parties, preamble and scope 1.1 Parties This Agreement has been entered into by the following Parties: Hi3G Denmark ApS TDC A/S Telenor A/S Telia Danmark - hereinafter called the Parties collectively and Operator individually Inclusion of new parties in the Agreement Mobile Operators may enter into this Agreement by submitting a request to the Director of TI (the Telecommunication Industries Association in Denmark (Telekommunikationsindustrien)). On receipt of such request, TI shall without undue delay submit the agreement for signature, and on receipt of the signed agreement, notify the Parties. The Parties to the Framework Agreement may jointly assign their liability and obligations under the Framework Agreement to a company appointed jointly between them. This company will, where applicable, be liable under the Agreement to the Content Providers and will generally enforce it on behalf of the Parties. 1.2 Preamble The purpose of the Agreement is to establish a framework for the provision of mobile payment systems for use with Premium Rate goods and services, with the intention of supporting market growth, innovation and consumer protection. This Agreement applies only to the provision of goods and services provided via a four-digit Application Code in the 1xxx number series which may be charged via the End User s account with the latter s Mobile Company. Furthermore, the purpose of the Agreement is to guarantee a transparent market for such Premium Rate goods and services, with standardised and correct communication to the consumers. The Parties undertake to apply the rules set out in this Framework Agreement to the provision of mobile payment systems in relation to Premium Rate goods and services. With reference to the European Framework for Safer Mobile Use by Younger Teenagers and Children, the Parties undertake the following: to offer parents the possibility of customising their children s mobile phone access, to offer advice and easy access to information about the use of mobile telephone services and the steps that parents can take to ensure that their children use the services more safely, Page 3 of 50 to encourage customers who are parents to talk to their children about how they should handle the problems that can occur when using mobile telephone services, to ensure that customers can quickly access systems allowing them to report potential security problems, to contribute to relevant information initiatives aimed at raising customer awareness of security. This Framework Agreement does not oblige the Parties to offer charging and mobile payment systems in relation to Premium Rate goods and services. When this Agreement is signed by the respective Parties, it shall replace the Framework Agreement on Mobile Content and Payment Services (Rammeaftale for mobile indholds- og betalingstjenester) Version 5.3 of 27 December 2011 including annexes. 1.3 Scope The Agreement, including the maximum amounts laid down therein, is not applicable to general usage charging, telephone subscription payments, payments for USO services, the sale of telephony services, etc., from the End User s own Mobile Company, including: electronic communications networks and services as set out in section 1 and sections of the Danish Executive Order on the Provision of Communications Networks and Services (Udbudsbekendtgørelsen), information and content services, with integrated charging in number series set aside by the Danish Business Authority (Erhvervsstyrelsen) for information and content services (formerly service 900 services), 3-digit short codes in the 11c number series used for provision of USO services or special services essential to society, cf. the services set out in section 22(i), no. 1, and (iii) of the Danish Act on Electronic Communications Networks and Services (lov om elektroniske kommunikationsnet og tjenester). Page 4 of Definitions Adult Content shall mean content of an erotic, sexual or pornographic nature, which is unsuitable for children below the age of 16. Aggregator shall mean an enterprise which is technically integrated with and has an agreement with Mobile Operators, or a company which acts on behalf of the Mobile Operators, for the processing of Premium Rate services. Aggregators resell this integration to Content Providers. An Aggregator is responsible for ensuring that the Content Provider(s) which make(s) use of the Aggregator s services is/are acquainted with and comply/complies with the code of practice of the Framework Agreement. An Aggregator may also act as Content Provider. Application Code shall mean a four-digit number, outside of the Danish numbering plan for landline and mobile numbers, which begins with 1, and by means of which an SMS or MMS may be sent. Content Provider shall mean a provider of Premium Rate goods and services. Continuous Subscription shall mean a subscription that does not have a termination date and which does not need to be re-ordered. A continuous Subscription-Type Service carries on until the End User actively submits a termination request to the Content Provider. Prior to order, the End User shall be expressly informed that the service in question is a continuous Subscription-Type Service. Digital Services shall mean services that are supplied in digital form to the telephone or other digital medium, for example ringtones, wallpapers, SMS polls. Durable Medium shall mean a medium with content that can be reproduced within a relevant period. The following media can be used as Durable Media: s, letters or SMS messages. End User shall mean post-paid customers and pre-paid customers. In the case of post-paid, the End User is the adult customer with whom the Mobile Company has entered into a special agreement (subscription agreement). Post-paid customers are liable under the terms of the agreement and are liable for payment even if use of the mobile telephone has been transferred to a third party. In the case of pre-paid, the End User is the customer who owns a SIM card issued by the Mobile Company, and who can (re)load the SIM card with pre-paid talk time in accordance with the agreement with the Mobile Company. Pre-paid customers are liable under the terms of the agreement, even if use of the mobile telephone has been transferred to a third party. Executive Order shall mean the Danish Executive Order on the Provision of Communications Networks and Services (Bekendtgørelse om udbud af elektroniske kommunikationsnet og -tjenester), No. 715 of 23 June Framework Agreement shall mean the Framework Agreement on Mobile Content and Payment Services in force from time to time and which the Parties have entered into. Mandatory Text shall mean information a Content Provider is obliged to disclose in connection with its advertising as a result of legislation, binding guidelines from public authorities or industry agreements. MMS shall mean Multimedia Messaging Service in accordance with the 3GPP Technical Specifications, whereby a multimedia message can be sent and/or originated from compatible communications equipment connected to the systems of Mobile Operators. Page 5 of 50 MMS-C (Multimedia Message Service Centre, also called MMS-R, Multimedia Messaging Service Relay) shall mean the function used to exchange an MMS between Mobile Operators. MMS MO (Mobile Originated) shall mean mobile originated MMS. An MMS sent from a mobile telephone or other compatible communication equipment. MMS MT (Mobile Terminated) shall mean mobile terminated MMS. An MMS received on a mobile telephone or other compatible communication equipment. In the following, Mobile Originated Message and Mobile Terminated Message are used as generic terms for mobile originated SMS and MMS and mobile terminated SMS and MMS, respectively. Mobile Company shall mean the company with which the End User has a customer relationship, and which handles payments via the mobile telephone bill and/or payments via mobile pre-paid solutions. Mobile Operator shall mean an enterprise with a licence to establish and operate a radio infrastructure for mobile communication in Denmark, or a mobile virtual network operator which has entered into an MVNO agreement with one of the above Mobile Operators. Nonprofit Collections shall mean Nonprofit Collections for religious communities or churches, funds, associations, foundations and institutions, etc., authorised by the police to conduct Nonprofit Collections, or which are in some other manner authorised to conduct Nonprofit Collections under Danish law. Premium Rate shall mean goods and services purchased with associated payment, where payment is made directly or indirectly via the mobile telephone bill/the pre-paid account. Premium Rate via an Application Code, which occurs in relation to barcodes (e.g. 1D barcodes and 2D QR codes), Bluetooth, NFC, ibeacon, apps, , URLs, tags, application software and similar technologies, is covered by the Framework Agreement. Service Type shall mean the general category of a service (see 10.1). Examples include: polls, tickets, competitions, Nonprofit Collections, vending machine purchases, etc. Similar Services shall mean services of the same kind offered by the same Content Provider on the same technical platform and advertised in the same medium. SMS-C shall mean the function used to forward and store-and-forward an SMS message between Mobile Operators. SMS MO (Mobile Originated) shall mean mobile originated SMS. An SMS sent from a mobile telephone or other compatible communication equipment. SMS MT (Mobile Terminated) shall mean mobile terminated SMS. An SMS received on a mobile telephone or other compatible communication equipment. Subscription-Type Service shall mean a service that is not supplied as a stand-alone service that immediately follows the purchase. TI shall mean the Telecommunication Industries Association in Denmark Page 6 of Right of withdrawal (cooling-off period) 3.1 Prior to purchase Information about the right of withdrawal shall be provided prior to each purchase. The information shall include information on the terms, time limit and procedures for exercise of this right. Moreover, information shall be provided about the standard model withdrawal form, which is available here (click here). If the End User chooses to exercise their right of withdrawal, in principle the End User is not required to pay for the goods or service provided. In principle, the End User has a 14-day right of withdrawal. Where the End User withdraws from a service provision agreement, the End User can be required to pay for that part of the service which has already been provided, if, prior to commencement, the End User has expressly requested and acknowledged this, and provided that the End User has been informed of the right of withdrawal and the amount which is to be paid. No information about the right of withdrawal If no information or inadequate information is provided, the End User s right of withdrawal is extended by up to 12 months. 3.2 After purchase Information shall have been sent to the End User about the main features of the goods or service, the total price and charge per billing period, the terms, time limit and procedures for exercising the right of withdrawal, the standard model withdrawal form and any minimum contract period. If, on purchasing Subscription-Type Services, the End User has expressly requested that provision of the service be commenced, the End User shall receive information of said consent and that right of withdrawal will run for 1) 14 days after entering into the agreement or 2) until the service has been delivered in full. All information shall be provided on Durable Media. 3.3 Exceptions A number of agreements are exempted from the provisions relating to the right of withdrawal. This relates to the following (the list is not exhaustive): Non-financial content services which have been completed, provided the delivery started with the End User s express consent and acknowledgement that the right of withdrawal will cease to apply once the service has been fully completed. Delivery of goods produced to the End User s specifications or which have been given a distinctly personal character Vending machine purchases, e.g. drinks, bought from a vending machine Page 7 of 50 Delivery of goods assumed to have deteriorated or aged rapidly, or which, because of their health-protection or hygiene characteristics, are not suitable for returning once the seal has been broken Delivery of sealed sound or image recordings or computer software, where the End User has broken the seal Delivery of newspapers, journals or magazines which are not a part of the subscription (oneoff deliveries) Delivery of digital content which is not delivered on physical media, provided the delivery started with the End User s express consent and their acknowledgement that there is no right of withdrawal Transport, e.g. removals and trips by air, bus, rail, taxi, etc. Nonprofit Collections, e.g. charitable donations Games where a monetary stake is paid for participation, e.g. competitions and lotteries 3.4 What the right of withdrawal means in practice How does the End User withdraw? Before the end of the cooling-off period, the End User must notify the Content Provider in clear and unambiguous fashion that the End User is withdrawing from the agreement. If the End User wants to provide notification in writing for example by letter or the End User simply sends the notification before the end of the period. The End User may opt to use the standard model withdrawal form, but this is not a requirement. Notification that the End User is withdrawing from the agreement must be sent to the relevant Content Provider. The fact that the Content Provider may have delivered the content service in parts shall not limit the right of withdrawal of the End User. In such a case the Content Provider may demand payment for that part of the service which has been delivered provided the End User has been informed of the right of withdrawal and delivery was commenced at the express request of the End User Calculating the cooling-off period The cooling-off period is calculated from the date on which the goods was delivered or, in the case of a content service, from the date the agreement was entered into. In both cases, the period will only run from the time the End User has received information on Durable Media about their right of withdrawal. For example, if the End User orders a goods or service on Monday 1st and receives the above information at the same time, the cooling-off period runs until Monday 15th. If the End User does not receive the information until later, for example Wednesday 3rd, the cooling-off period runs until Wednesday 17th. If the period expires on a public holiday, a Saturday, Danish Constitution Day (5 June), 24 December or 31 December, the End User may wait until the following working day. 4. Supervision and sanctions The Parties to this Framework Agreement undertake the following: 1) To have an agreement with a separate unit, which is independent of the Mobile Operators financial interests and day-to-day running (impartial unit), to perform ongoing random samplings to Page 8 of 50 ensure that the Premium Rate services comply with the relevant legislation and the Framework Agreement, in such a way that the checks meet the requirements below. 2) To require that those parties, including Content Providers, with which the Mobile Operators enter into agreements relating to the usage rights for Application Code used in the advertising or offering of Premium Rate services, adhere to the Framework Agreement and the legislation in general. 3) To ensure that those parties with which the Mobile Operators enter into agreements relating to the usage rights for Application Code require that, in the event of transfer of such usage rights for Application Code, the counter party to such a transfer agreement adheres to the Framework Agreement and the legislation in general. 4) To review that Premium Rate goods or services adhere to the Framework Agreement and the legislation in general, on its own initiative where there is a particular reason for doing so or following an approach by End Users or others. 4.1 Purpose of supervision The purpose of appointing an impartial unit is to carry out a specified number of random samplings of all goods and services offered via applications codes on the Danish market, and to investigate whether the random samplings adhere to the applicable legislation and the Framework Agreement in force from time to time. The impartial unit shall investigate a representative percentage of the goods and services offered calculated using the number of errors in the most recent six-month period, on the basis of 125 random samplings per quarter. The random samplings shall be divided so that 1/3 of them are new goods and services and 2/3 existing goods and services. New goods and services are defined as services that have not been investigated before. The random samplings shall cover the entire offering of Premium Rate services, such that all the various forms of Premium Rate services are checked and the various forms of advertising media and Content Providers are checked. In other words, the random samplings shall include all types of Premium Rate services, including the Mobile Operators own services, and they shall cover Premium Rate services advertised in all forms of media including Internet, TV and printed media, concentrating particularly on high-visibility Premium Rate services. In addition, Premium Rate services shall be checked if there is a particular reason to doubt the actual content of the service. Certain random samplings are carried out outside normal office hours, including random samplings of competitions, etc. linked to TV broadcasts. The impartial unit shall carry out retests of Premium Rate services in the light of any identified breaches of the Framework Agreement and the applicable legislation. As a rule, retests shall take place about one week after the breach is notified to the Mobile Operators. As a rule, the impartial unit shall retest all Premium Rate services found to be non-compliant as well as Premium Rate services of the same type provided by the same Content Provider on the same platform and advertised in the same medium. Page 9 of Documentation and reporting The impartial unit shall ensure that the random samplings and documentation are uniform and consistent, and, for each random sampling, shall provide a substantiated assessment of the degree of compliance of the service with the relevant legislation and the Framework Agreement. The impartial unit may obtain all relevant charging data and similar significant information at short notice from the agreed points of contact of all the Mobile Operators. The Mobile Operators shall provide such information without undue delay. If the impartial unit identifies any breaches of the legislation or material provis
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