8. Breach by Content Provider

4T and/or Mobile Operators are entitled to, on its own initiative or following an approach by End Users or others, to review a Premium Rate Service in order to investigate whether the Content Provider is complying with the conditions governing provision of the service. The proceeds of the Content Provider made from reviews of the relevant service shall not be chargeable to the Content Provider. Where 4T or a Mobile Operator finds that a Content Provider is not complying with the conditions for Premium Rate services set out in this Framework Agreement, the 4T or the Mobile Operator is required to inform the other Party.

Any disregard of the conditions in this Framework Agreement or any breach of the applicable legislation by the Content Provider in providing Premium Rate goods and services, including failure to observe the rules relating to distance selling in the Danish Consumer Contracts Act (Forbrugeraftaleloven), shall be regarded as a major breach, entitling 4T to cancel the agreement without further notice and to terminate access to the Content Provider’s goods and services.

When advertising and selling Premium Rate goods and services, the Content Provider is responsible for adhering to the applicable legislation, including the Danish Marketing Practices Act (Markedsføringsloven) and the Danish Consumer Contracts Act (Forbrugeraftaleloven), in particular the obligations arising out of the provisions on distance selling in the Danish Consumer Contracts Act (Forbrugeraftaleloven). Reference is also made to the Danish Consumer Ombudsman’s currently applicable Guidelines on Children, Young People and Marketing Practices (Forbrugerombudsmandens vejledning om Børn, Unge og Markedsføring).

4T is required to ensure that Content Providers with which 4T enters into agreements are aware of the requirements arising out of the Framework Agreement in force from time to time.

It should be noted in particular that when advertising services or engaging in any other form of communication relating to Premium Rate services, the Content Provider shall clearly quote the price for using the service (Premium Rate), and shall specify that the End User is also required to pay the Mobile Operator’s End User price for data traffic relating to use of the service.

The attention of the Parties is drawn to Premium Rate services directed at children and young people (under 18). The combined amount for purchasing a Premium Rate Service of this type must not exceed an amount which children and young people might be expected to have at their disposal.

 

7.1 Intellectual property rights

The Content Provider is required to ensure that the necessary basis for calculating copyright-related fees exists, including KODA fees, and is responsible for ensuring that such fees are paid.

 

7.2 Advice

If the Content Provider is launching/offering new Premium Rate services, including new types of services not described in this Agreement, 4Tmay in certain cases provide guidance with regard to the compliance of the intended service with the Framework Agreement, in response to the Content Provider’s specific enquiry. 4T’s guidance is provided on a voluntary basis and the Content Provider may not assert any claims against 4T in respect of errors or omissions in such guidance.

4T will not give advice on general advertising law or other legal issues, but will refer to the possibility of advance notice from the Danish Consumer Ombudsman (Forbrugerombudsmanden) or private advice.