13. Special Service Types

13.1 Subscription-Type Services

The following applies to Premium Rate services, including subscriptions, chat, games and competitions.

When providing Premium Rate services, including subscriptions, chat, games and competitions, the Content Provider is required to ensure that the service is designed in such way that the End User at all times is aware of the total usage.

 

13.1.1 The following general provisions apply to Subscription-Type Services:

1) At the time of ordering, the total cost of using the services and the amount of any individual Premium Rates shall be clearly stated.

2) Each individual Premium Rate message shall include the termination code or information about the termination procedure (e.g. “Opsigelse: Send “SPORT STOP” til 1202” (“To unsubscribe, send “SPORT STOP” to 1202”)). The End User shall not be subject to a further Premium Rate for receiving this information.

3) The service shall cease immediately after termination by the End User, e.g. by sending a “STOP” message, cf. 2) above.

4) If all or part of the Premium Rate is applied separately for each received or sent message, the relevant price shall be clear from the notice text in each individual Premium Rate message received (e.g. “DKK 4”, “DKK 10”, “DKK 0.50”).

5) Subscription-Type Services shall cease when the total agreed Premium Rate has been reached. Continuous Subscriptions where no total price has been agreed in advance are excluded from this, cf. no. 8) below.

6) The End User shall be able to cancel the service in the same medium and using the same procedure as for registering. Continuous Subscription-Type Services are excluded from this, where cancellation shall proceed as described in section 13.1.2, no. 4).

7) Special information requirements on a Durable Medium are applicable in respect of the sale of Subscription-Type Services. 8) When the End User’s customer relationship with a Mobile Company ends, the Mobile Operator shall send notification to the Content Provider enquiring about the customer’s status in respect of charging. On the basis of such notification, the Content Provider shall cancel the Subscription-Type Service in question.

8) When the End User’s terminates his contract with a Mobile Operator, the Mobile Operator will (via the 4T’s API) send an error code back to the Content Provider whenever the Content Provider tries to authorize a transaction via the 4T API.  When receiving such error code Content Provider must unsubscribe the End User from the Service. (Information about error codes can be found in the 4T API documentation).

 

13.1.2 In addition, the following shall apply to Continuous Subscriptions:

Services directed at children and young people (under 18) may NOT be offered as Continuous Subscriptions.

1)    Continuous subscriptions may continue if the End User has accepted a continuous service. When each Premium Rate is charged, the End User must receive information about the price and how to terminate the subscription.

2) A Continuous Subscription to generic content cannot be initiated through purchase of a specific service. Example 1: Buy one app and get a subscription to video content. Example 2: Join a competition and get a subscription to ringtones.

3) Premium Rated Continuous subscriptions shall not be subject to a period of notice, which means that the End User shall be able to terminate with immediate effect. If an End User terminates his contract with the Mobile Operator (or the End User blocks for Premium Rated Services) during the contract period of a Continuous Subscription, then authorize attempt made by the Content Provider will result in a error code. The Content Provider must end the subscription for this particular MSISDN and seek other methods of billing from the End User.

4) In the case of zero-charged Continuous Subscriptions, which at a later date will be transferred to a Premium Rate Service, the same information as if it was a new sale, must given to the End User prior to any Premium Rating.

5) Formal requirements relating to the text content of subscription services:

SMS when a Continuous Subscription is orderd via SMS:

  • Du bestiller nu et fortløbende abonnement på [SERVICE NAVN] til XX kr. pr. [modtaget [SMS/ringetone/spil….]/uge/måned]. (You are ordering a continuous subscription for [SERVICE NAME] for DKK XX per [received [SMS/ringtone/game….] week/month].) Du har 14 dages fortrydelsesret, læs mere om Fortrydelsesret på 4T.dk. (You have a 14-day cooling-off period, read more about right to withdraw on 4T.dk). Svar [KEYWORD] JA for at bekræfte bestillingen. (Reply [KEYWORD] YES to confirm the order.) Udbyder: (Provider:) [NAME AND ADDRESS]. Tlf. (Tel.) [12345678].

SMS when a Continuous Subscription is orderd via a web site, if a PIN is required:

  • Du bestiller nu et fortløbende abonnement på [SERVICE NAVN] til XX kr. pr. [modtaget [SMS/ringetone/spil….]/uge/måned]. (You are ordering a continuous subscription for [SERVICE NAME] for DKK XX per [received [SMS/ringtone/game….]/week/month].) Du har 14 dages fortrydelsesret, læs mere om Fortrydelsesret på 4T.dk. (You have a 14-day right of withdrawal, read more about right to withdraw on 4T.dk). Indtast [PIN] på hjemmesiden for at bekræfte bestillingen. (Enter [PIN] on the web site to confirm the order.) Udbyder: (Provider:) [NAME AND ADDRESS]. Tlf. (Tel.) [12345678].

First confirmation SMS for Continuous Subscription:

  • Kvittering: Du har bestilt et fortløbende abonnement på [SERVICE NAVN] til XX kr. pr. [modtaget [SMS/ringetone/spil….]/uge/måned]. (Confirmation: You have ordered a continuous subscription for [SERVICE NAME] for DKK XX per [received [SMS/ringtone/game….]/week/month].)  Du har 14 dages fortrydelsesret, læs mere om Fortrydelsesret på 4T.dk. (You have a 14-day right of withdrawal, read more about right to withdraw on 4T.dk). Opsig abonnement: Send [KEYWORD] STOP til [ZZZZ]. (To unsubscribe, send [KEYWORD] STOP to [ZZZZ].) Udbyder: (Provider:) [NAME AND ADDRESS]. Tlf. (Tel.) [12345678]

Confirmation SMS for a later Premium Rate during the Continuous Subscription:

  • “Kvittering: Du er takseret XX kr. for dit [SERVICE NAVN] abonnement. (Confirmation: You have been charged DKK XX for your continuous [SERVICE NAME] subscription.) Opsig abonnement: Send [KEYWORD] STOP til [ZZZZ]. (To unsubscribe, send [KEYWORD] STOP to [ZZZZ].) Udbyder: (Provider:) [NAME]. Tlf. (Tel.) [12345678].” * [Possibly a link to web site if a PIN is used] (Services in which the content is delivered in the actual SMS may either be delivered at the end of the confirmation SMS or in a separate SMS later on).

Termination SMS – confirmation of termination of Continuous Subscription:

  • Dit abonnement på [SERVICE NAVN] er hermed stoppet. (Confirmation: This terminates your subscription to [SERVICE NAME]). Udbyder: (Provider:) [NAME AND ADDRESS]. Tlf. (Tel.) [12345678].”

If the frequency is unknown, for example in ‘breaking news’ type services, the following text may be used provided the price does not exceed DKK 5/SMS:

  • “Breaking news-tekst”. (“Breaking news text”.) “Denne besked koster X kr. (This text costs DKK X.) Opsig abonnement: Send [KEYWORD] STOP til [ZZZZ]. (To unsubscribe, send [KEYWORD] STOP to [ZZZZ].) Mvh Udbyder: (Provider:) [NAME]. Tlf. (Tel.) [12345678].”

 

6) Online registration for Continuous Subscription

Content Providers where registration for a Continuous Subscription is made via login to a website, must inform the End User about receipt and termination procedure as in bullit 5) above, or as follows:

First confirmation SMS for Continuous Subscription:

  • Kvittering: Du har bestilt et fortløbende abonnement på [SERVICE NAVN] til XX kr. pr. [modtaget [SMS/ringetone/spil….]/uge/måned]. (Confirmation: You have ordered a continuous subscription for [SERVICE NAME] for DKK XX per [received [SMS/ringtone/game….]/week/month].)  Du har 14 dages fortrydelsesret, læs mere om Fortrydelsesret på 4T.dk . (You have a 14-day right of withdrawal, read more about right to withdraw on 4T.dk). Opsig abonnement: login på din profil på [WWW.NAVN.DK]. (To unsubscribe, login to your profile on WWW.XYZ.DK.) Udbyder: (Provider:) [NAME AND ADDRESS]. Tlf. (Tel.) [12345678]

Receipt SMS for any subsequent charging of the Continuous Subscription:

  • “Receipt: You have been charged XX kr. for your ongoing [SERVICE NAME] subscription. To stop your subscription: login to your profile on [WWW.XYZ.DK] Provider: [NAME]. Tel. [12345678]. “

7) Physical registration for Continuous Subscription (street vendors etc.)

Content Providers where sale of a Continuous Subscription is made in a “street or door sales like situation” must confirm the End User’s mobile number by sending and receiving of a SMS. The Content Provider must afterwards be able to document this control SMS in case of a End User complaint.

Content Provider may choose to inform End User about the receipt and termination procedure as seen in bullit 5) or bullit 6) above.

 

13.1.3. Termination of Subscription Services:

24 hours before any scheduled subscription charge, the content provider must send an SMS to the customer with the following wording:

  • “You have a subscription to SERVICE NAME for zz KR. pr. week / month. The subscription will be charged tomorrow. If you wish to cancel the subscription, reply to this SMS with STOP. MVH Content Provider, name, email, tel. ”

The Danish version which must be used can be found in chapter 15.

If several subscription services are offered via the same application code, a STOP message can be specified as STOP SERVICE NAME.

If a customer sends STOP, then it must be perceived as a request to stop all services under the same application code to which the SMS message has been sent.

It is the responsibility of the merchant / aggregator’s to ensure that the STOP message causes all services to stop.

 

13.2 Chat

When providing Premium Rate services that can be characterised as chat, Content Providers are not entitled to charge the End User a Premium Rate for chat messages received by the End User.

 

13.3 Hybrid services

In the case of services created from a number of different Service Types, the general rule shall be that the applicable rules are the rules providing the highest level of consumer protection. For example, if a service is a combination of a competition service and a Charity Collection service, the maximum amount shall be based on the rules for competitions, although the Content Provider is also allowed to run a charitable Collection.

 

13.4 Auctions

In principle, auction-type services that contain a large element of chance, for example reverse auctions, shall be covered by the rules for competitions.

However, auctions in which the result largely depends on personal preferences and knowledge of the market, for example English auctions and Dutch auctions, shall not generally be regarded as competitions.

 

13.5 Sponsored and zero-charged services

Services using Application Codes shall be covered by the Framework Agreement even if no charging at Premium Rate is made. In Subscription-Type Services, every message shall state how to cancel the service.