Framework Agreement on Mobile Content and Payment Services
Version 8.0
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
1. 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
- Norlys
– hereinafter called “the Parties” collectively and “Operator” individually.
1.1.1 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.
This jointly owned company will furthermore be referred to as 4T.
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,
- 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 6.0 of July 1st 2014” 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 17-25 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).
2. 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: e-mails, letters or SMS messages.
End User End-user refers to individual persons with a mobile phone and a subscription with a mobile operator mentioned in section 1.1. End User is liable for its use of services purchased through an Application Code according to the subscription terms that apply to the End User Agreement with the Mobile Operator. Similarly, this will apply when an End User uses a business subscription.
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 2011.
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.
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, e-mail, URLs, tags, application software and similar technologies, is covered by the Framework Agreement.
RCS or Rich Communication Services is a message based dialogue between 2 parties. The start of the dialogue can be an SMS from one party and as soon as a response is started, the dialogue is moved out of the SMS application and there is the opportunity to add more visual elements. An RCS dialogue can contain both plain text, audio and video.
RBM or Rich Business Messaging. This variant of RCS can be used by companies to conduct a dialogue with a customer. In the dialogue, the customer can be shown several options for answers, and the individual answers can initiate further initiatives at the company and possibly lead to the customer accepting the purchase of services.
Service Type shall mean the general category of a service. 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 – www.teleindustrien.dk.
3. Right of withdrawal / Right of cancelling (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. In addition, information must be provided about the standard cancellation form, which can be found at www.4t.dk.
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
A receipt must be sent to the End User, containing information 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
- if relevant: information about 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 must be delivered on a Durable Medium, which may be e-mail and / or SMS.
3.3 Exceptions
A number of agreements are exempted from the provisions relating to the right of withdrawal.
The End User must be informed during the purchase process that there is “no right to withdraw” from the purchase.
These rules relates to the following products/services (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, eg. drinks, bought from a vending machine
- 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 (one-off 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, eg. removals and trips by air, bus, rail, taxi, etc. Nonprofit Collections, eg. charitable donations
- Games where a monetary stake is paid for participation, eg. competitions and lotteries
3.4 What the right of withdrawal means in practice
3.4.1 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 e-mail – 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.
Template for activating the right of withdrawal can be found at www.4t.dk
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.
3.4.2 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.
3.4.3. How to be inform about the Right of Withdrawal
Waiving right of withdrawal:
Should the customer waive the right of withdrawal, this can only be done as an active choice. That is, the customer must, by ticking an information field, accept that there is no right of withdrawal. The customer’s choice must subsequently be announced on a durable medium.
If the customer has a right of withdrawal:
The customer must be informed of the right of withdrawal prior to the purchase and on the subsequent receipt on durable medium.
In marketing and on receipt, please refer to www.4T.dk to read more about how to make use of the right of withdrawal.
The following sentence must be included in marketing materials and on receipt: Read more about the Right of Withdrawal on 4T.dk. The Danish text version which should be used, can be found in chapter 15.
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 4T and the Mobile Operators’ financial interests and day-to-day running (impartial unit), to perform ongoing random samplings to 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 4T 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 4T 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 60 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 4T.
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.
4.2 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 provisions of the Framework Agreement, it shall immediately notify 4T. Such notification shall contain a unique identification of the service and the random sampling, relevant documentation (eg. advertising material and charging data) and a substantiated assessment of the service’s breach of the legislation and the Framework Agreement. The notification shall be sent by e-mail.
The impartial unit shall report to the 4T in writing every ½-year. The ½-yearly report shall contain an overview of all random samplings carried out, details of compliance with the legislation and the Framework Agreement, and, if applicable, those areas in which the regulations have been breached.
4.3 The Mobile Operators’ obligations relating to the Danish Consumer Ombudsman (Forbrugerombudsmanden) and reporting
On the basis of the impartial unit’s ½-yearly report, the Mobile Operators shall prepare their own report, adding details of the investigations into Premium Rate services that they have carried out themselves. The report shall also contain the steps taken by 4T where breaches were identified. The report shall be sent to the Danish Consumer Ombudsman (Forbrugerombudsmanden).
4.4 Major breaches of the Framework Agreement
The following three types of breach shall always be regarded as major breaches:
1) Services with Adult Content
2) Breach of maximum amounts as follows:
a) Breach of any maximum amounts in the Framework Agreement
b) Inadequate price information
c) Premium Rate for received chat messages
d) Premium Rate for service notices
3) Inadequate termination procedure for Subscription-Type Services and Continuous Subscription services which are subject to a separate Premium Rate
4) Inadequate correction or blocking of an identified breach within the period specified, regardless of whether the breach is major or minor.
4.5 Sanctions for major breaches
The Mobile Operators in the Framework Agreement undertake to apply the following sanctions if the Framework Agreement is breached. The day to day work on handling sanctions etc. is carried out by 4T
If a Content Provider has committed a major breach, 4T shall immediately suspend the Content Providers access to Premium Rating of services.
If an Aggregator has transferred the right of use of the Application Code to a Content Provider, which committed the breach, the Aggregator is required to suspend access to the Premium Rate services of the Content Provider in question. 4T must be informed in writing hereof. If the Aggregator fails in this obligation, 4T may suspend access to the Aggregator’s codes.
Access to the service is restored when 4T has been shown evidence that the relevant breach has ended.
If the same Content Provider commits a breach of the same kind, i.e. the same type of breach, within 12 months, 4T shall immediately suspend access to the Content Provider’s service. If the Aggregator has transferred the right of use to a Content Provider, which committed the breach, the Aggregator shall suspend access for such Content Provider. 4T must be informed in writing hereof. If the Aggregator fails in this obligation, 4T may suspend access to the Aggregator’s codes.
Following such repeated breaches, access to the service shall not be restored until at least 30 days have passed since the date access was suspended.
Agreements shall be made between 4T and the Aggregator/Content Provider, on one hand, and between the Aggregator and the Content Provider, on the other, in order to ensure that services that are advertised in breach of the Framework Agreement are suspended. Sanctions shall be applied to those who advertise the service and declare names and addresses in accordance with the Danish Consumer Contracts Act (forbrugeraftaleloven).
If two business units within the same group of companies each separately advertise a service in the unit’s own name and each separately commit two serious breaches, and the type of breach is the same in both units, 4T shall require the counter party to the agreement to suspend the entire service offering from the group of companies for 30 days.
Details of the scope and the period of the suspension may be published on www.rammeaftalen.dk.
4.6 Minor breaches
Minor breaches are clear and simple breaches of applicable rules.
The following types of breach shall in principle be regarded as minor breaches:
1) Inadequate information – for example relating to the name, address and telephone number of the Content Provider
2) Inadequate information on a Durable Medium
3) Inadequate information about the right of withdrawal
Inadequate correction of a minor breach shall be regarded as a major breach.
4.7 Penalties
4.7.1 Penalties based on service
For each breach of the Framework Agreement identified in a random sampling, a penalty shall be imposed upon the relevant Content Provider of:
- DKK 3,000 for minor breaches and
- DKK 6,000 for major breaches
All amounts are exclusive of VAT.
5. Customer service
The End User shall receive high-quality, relevant customer service for each enquiry and shall not be transferred from one party to another unless there is a particular reason for doing so. Transfer from Mobile Operator to Content Provider may only take place at the time of initial enquiry about the advertising and content of the service. Where the enquiry is made from a Mobile Operator to an Aggregator, and the latter does not carry out customer service on behalf of the Content Provider, the Aggregator must transfer the enquiry to the Content Provider.
The End User’s Mobile Operator is required to handle customer enquiries. Enquiries relating to registration and billing for Premium Rate services (billing and account issues on which the Mobile Operator may be assumed to have an influence) shall be handled by the Mobile Operator.
Enquiries relating to advertising, the agreement, the delivery and the actual content of the service may be referred by the Mobile Operator directly to the Content Provider, the End User having been informed that they may contact the Mobile Operator again in the event that the Content Provider does not provide a satisfactory response to the enquiry.
4T is 2nd line support for Mobile Operators on complaints from End Users. Based on information from the End User and the Mobile Operator, 4T conducts a dialogue with the aggregator / service provider to uncover whether the sale of services has been made in accordance with the Framework Agreement. 4T may require an aggregator / Service Provider to credit the End User if 4T can document that either the purchased service, the purchase process or the relevant documentation has no been delivered does not comply with the Framework Agreement guidelines.
In its agreement with the Content Provider, 4T shall require the Content Provider to handle End User enquiries within a timely manner.
The Content Provider shall offer customer service as follows:
- By e-mail
- By telephone – on a Danish number (landline or mobile)
- In Danish/Scandinavian language
- Open and staffed at least four hours a day on weekdays.
The Content Provider shall make the necessary data and resources available to 4T.
The Mobile Operator is required to suspend collection of a disputed amount in the period from receipt by the Mobile Operator of a written complaint until the Mobile Operator has notified the End User of its decision in writing. This shall apply regardless of whether the complaint relates to deliverables provided by the Mobile Operator or the Content Provider.
6. Application Codes
The Parties to the Framework Agreement have designated the following four-digit Applications Codes for use in charging, where payment is made directly or indirectly via the mobile telephone bill/account.
- 1xxx
Subject to the proviso that codes in the 18xx series may only be used for services having a public character (public information, information services, etc.). The gaining of permission to use an Application Code from the 18xx series is conditional on the Danish Business Authority (Erhvervsstyrelsen) having given its permission for the same 18xx number to be used for voice calls.
The Application Codes are administered by 4T.
7. Responsibility for the content and advertising of 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.
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.
Operational section
The Content Provider shall follow good practice in terms of both content and payment when offering a Premium Rate Service.
Cases involving a breach of the above rule shall be settled jointly in the content and payment group for the Parties to the Framework Agreement. Rulings on such breaches shall be justified on a case-by-case basis, and sanctions will not be applied under the Framework Agreement unless a ruling has been previously made public in similar cases.
The operational section consists of the following subsections:
- Maximum amounts
- Charging
- Information requirements
- Content provisions
- Special services
- Examples
9. Maximum amount for charging via a mobile bill/account
The maximum amount limits applicable for Premium Rated Services being charged via the mobile bill / account are subject to the rules in the Danish Payment law.
- Maximum 50 € per transaction and
- Maximum 300 € per calendar month per End User (End User definition: 1 subscriber is 1 SIM card / phone number).
Mobile Operators and 4T have chosen for some specific service types and/or End Users to set limits that are below the limits defined in the Payment law.
This is primarily due to a desire for increased consumer safety.
Mobile Operators and 4T enforce the overall restriction on a total consumption of 300 € = 2,220 DKK per calendar month per End User.
All other amount limits must be enforced by the Service Provider.
| General services | Maximum amounts |
| Services with one time payment | 370 DKK per transaction (*) |
| Services with ongoing payment (subscriptions) | 370 DKK per month per service |
| TV / Radio Polls | 12 DKK per transaction |
| Donations(**) where the receiving organization is a member of ISOBRO(***) | 370 DKK per transaction |
| Donations(**) where the receiving organization is not a member of ISOBRO | 200 DKK per calendar month per service |
*In connection with a charitable lottery, other maximum amounts may apply for Nonprofit Collections, cf. the section below under competitions and games
**For donation campaigns, there must always be an approval from the Fundraising Board.
***If an ISOBRO organization has several independent campaigns per month, they may charge up to DKK 370 per transaction
Services directed at children and young people (under 18):
| Maximum amounts | |
| Total purchase value per service | 250 DKK per calendar month |
| General services with one time payment | 30 DKK per transaction |
| Services with ongoing payment (subscriptions) | Not allowed |
| Payment for online gambling, lottery etc. | Not allowed |
Usage of age filter or text like “Must have adult permission before entering this site” etc. does not exempt a Service Provider from applying the amount restrictions applicable for children and young people.
Pricing of generic digital SMS services (P02 and P07) is based on the following:
- Can the customer test a service prior to purchase
- Is it a subscription service or a one-time purchase
| Subscription service with charging every week. max price per charging | Subscription service with charging every month. max price per charging | One time servicemax charge | |
| The customer cannot test the service prior to purchase | 25 DKK no start up fee allowed | 100 DKK no start up fee allowed | 100 DKK no start up fee allowed |
| The customer can test the service prior to purchase (*) | 100 DKK no start up fee allowed | 370 DKK no start up fee allowed | 370 DKK no start up fee allowed |
(*): The content provider must be able to document that the customer has tested the service at 4T’s request.
Pre–purchase testing:
The content provider decides whether there should be an opportunity for testing of the service. If this is offered, then the content provider must be able to document that the customer had the opportunity to test the service before transitioning to payment.
Through marketing on the Service Site, the customer is made aware of the free trial period and that the service will continue with payment at the end of the trial period unless the customer opts out.
Read more in Section 15. Examples – example no. 5 regarding the wording of the information SMS to the customer regarding planned valuation.
Competitions and games:
The following summary is based on the provisions of the “Game Act”.
There may be specific questions that the list does not answer, and it is recommended that, as a Service Provider, you contact the Gaming Authority (mail: spillemyndigheden@skat.dk).
Please note that it is not allowed for children and young people under the age of 18 to take part in games and competitions that require gaming license.
| Service Type | Service characteristics | Gambling licence required?***) | Medium used for marketing | Maximum amount per telephone number |
| Competitions and games*) A. | 1. Price for taking part is greater than cost of sending 2. Winnings are distributed 3. Contains an element of chance | Yes | Regardless of medium | DKK 370 per service per 24-hour period DKK 50 per transaction |
| Guessing competitions*) B | 1. Price for taking part a maximum of DKK 5 2. Winnings are distributed 3. Guessing competitions with a combination of chance and skill | No | Radio and TV | DKK 5 per service per 24-hour period |
| Guessing competitions*) C | 1. Very low price for taking part (DKK 1–2); must only cover cost of sending 2. Winnings aredistributed 3. Guessing competitions with a combination of chance and skill | No | Printed media and Internet | Very low price for taking part (DKK 1-2); must only cover cost of sending (the Danish Gambling Authority can be contacted for guidance) |
| Competitions and games*) D | 1. Price for taking part is greater than cost of sending 2. Winnings are distributed 3. No element of chance, i.e. pure skill | No | Regardless of medium | DKK 370 per service per 24-hour period DKK 50 per transaction |
| Competitions and games*) E | 1. Price for taking part is greater than cost of sending 2. No possibility of winnings 3. Contains an element of chance | No | Regardless of medium | DKK 370 per service per 24-hour periodDKK 50 per transaction |
| Charitable lottery**) | 1. Price for taking part is greater than cost of sending 2. Winnings are distributed 3. Pure chance (lottery) | See **) | Regardless of medium | DKK 370 per transaction |
*) Under the terms of the Danish Gaming Act.
**) Providers must have permission from the Danish Gambling Authority/the Danish Customs and Tax Administration (Skat) to run a charitable lottery in accordance with the special regulations governing the latter. Once such permission has been given, an End User may participate several times at a price of up to DKK 370 per transaction both in a charitable lottery and a Nonprofit Collection within the same period of time.
***) Under the terms of the Danish Gaming Act, Content Providers which wish to be granted a gambling licence must apply for this to the Danish Gambling Authority/the Danish Customs and Tax Administration.
Children and young people (under 18) may only take part in guessing competitions without a gambling licence via radio, TV, printed media or the Internet, and where a gambling licence is not necessary.
10. Time of charging
No amount may be pre-authorised until a purchase agreement has been entered into. Charging for goods and services shall not take place until delivery has started, regardless of the medium.
- In the case of streaming services, charging may be carried out when streaming has started.
- Services consisting of the sending of passwords for later use. In this case, the earliest charging time is when the password is sent.
- Subscription-type services where charging takes place before delivery may be charged when the confirmation of the purchase is sent.
- In the case of competitions, charging for a question in a competition shall not take place until the End User has sent the answer.
11. Information requirements
Using SMS:
Documentation of which SMS the customer sends and which SMS the customer receives are important in connection with the processing of customer complaints. All SMS sent by the content provider to the customer, which is important for the customer’s payment for the service MUST be sent via 4T (4T API).
Examples:
- All kind of receipts
- SMS with subscription information, pin codes, content access etc.
- SMS in connection with trial period
- SMS in connection with stopping service (Good bye SMS)
Use of service name:
The same service name must always be used across all communication to the customer:
- in banner ads, Facebook / Google ads, landing page, payment page
- in all SMS messages to the customer (sign on – SMS receipt, Farewell and Thank you SMS)
- the service name must also be used in referenceTitle in the 4T API, as it can be transferred to text on the customer mobile bill.
Phone bill information – referenceTitle:
Through the 4T API, there is an option to enter additional information about the name of the service that the customer has purchased.This 40 character long input field is called referenceTitle.
The information in referenceTitle is available to customer service staff of the mobile operators, and can be used in connection with billing complaints.
It is a requirement in connection with each assessment that referenceTitle is used.
ReferenceTitle must show the name of the service that the customer has purchased – SERVICE NAME.
Examples:
- “Go Dream”
- “Fun2Cell”
- “MobilHub”
It is not sufficient to state the name of the 4T contract party. (Ex. Boku, Sinch or the name of the merchant providing the service).
11.1 General rules
11.1.1 Before the purchase
Information requirements for all Service Types regardless of the advertising medium:
The text containing the information requirements shall be clear and easy to read in terms of colour, position and duration, such that the text can in fact be read by the viewer/recipient before a decision on purchase is made.
1) Service type
The nature of the type of service shall be implied by the service offering, e.g. a bus ticket, game, competition, poll.
2) The total price of the goods or service
The price information shall be displayed with at least the same font size as the Application Code or the font size in the field where the End User is to state their mobile number. Where several of the aforementioned possibilities in different font sizes are indicated, the price information shall correspond to the largest font size.
For one-off services: Price “+trafiktakst” (“+usage charge”). In the case of price information, the font shall be at least as large as the Application Code.
For Subscription-Type Services: Total price (and individual price where relevant) “+trafiktakst” (“+usage charge”). In the case of Subscription-Type Services, it shall also be made clear that the service is a subscription, and the total charge per billing period shall be indicated, including also the monthly charge. Here, the font size requirement is the same as for other mandatory information (see below).
For services which are advertised via digital media, the price information shall always be indicated in front of/above any key-in fields for mobile numbers.
3) “+ Trafiktakst” (“+usage charge”)
The designation is only a requirement in advertising if the End User in connection with purchase of a service has to use mobile data traffic to gain access to the service, e.g. if the End User must download or upload something.
If, in connection with ordering a service, the End User only has to send an SMS or an MMS, the designation “+ Trafiktakst” or “+ SMS takst” (“+ SMS charge”) or “+ MMS takst” (“+ MMS charge”) is not required.
Regardless of whether the service is charged or zero-charged, it is not a requirement that “+ Trafiktakst” should have the same font size as the price information.
4) Information on the right of withdrawal and standard model withdrawal form (click here)
5) Name, address and telephone number of provider
6) Minimum contract period and termination procedure for Subscription-Type Services
7) Information about setup if there are special setup requirements (e.g. mobile Internet)
8) Terms of payment, delivery and time of delivery
9) The fact that, in withdrawing from a content service, the End User must pay for that part of the service which has already been delivered, provided the delivery was commenced at the express request of the End User
10) If there is no right of withdrawal or the circumstances under which the End User no longer has a right of withdrawal
In media with limited space or time to convey the information, the information requirements may be met by referring in the same medium to the place where the other information is available. This does not however apply to the information in nos. 1, 2, 4, 5 and 6. Any reference shall be directly related to the service offering.
11.1.1.1 Use of Application Code
All SMS communication from Content Providers shall contain the correct Application Code.
11.1.1.2 Zero-charged services
A minimum of the following information shall be provided for zero-charged services:
1) Service type
2) “+ trafiktakst” (“+usage charge”). This shall however be with same rules as above under section 11.1.1 (3).
3) Termination procedure for Subscription-Type Services.
11.1.2 During the purchase:
Information requirements for all Service Types where the End User’s full right of withdrawal lapses or is limited by the fact that delivery has been started before expiry:
An expressed request from the End User that delivery is to be started before expiry of the right of withdrawal shall for example take the form of the End User confirming a question to that effect. This could also be in the form of a “tick-of-box”.
11.1.3 After the purchase:
A confirmation receipt is required for all purchases.
The information which must be provided before the purchase (cf. section 11.1.1) shall be delivered to the End User on a Durable Medium after the purchase.
Subscription-type services
In the case of Subscription-Type Services delivered via SMS and subject to a Premium Rate per received item, each individual message shall contain the price and the termination procedure: Code text + STOP (e.g. “AJAX STOP”).
For the same type of services delivered via other media and which are subject to a Premium Rate per received item, the End User shall also be notified of the price and termination procedure on a Durable Medium in connection with charging.
On terminating a Subscription-Type Service the End User shall receive confirmation of termination.
Zero-charged Subscription-Type Services
In the case of zero-charged Subscription-Type Services, the End User shall be notified of the termination procedure for the service on each individual delivery in the same way as for Subscription-Type Services.
Nonprofit Collections
Confirmation shall be sent in connection with Nonprofit Collections.
11.2.1 Digital media
In the case of Internet-based services and other services not provided via a non-durable medium, the End User shall not be placed under time pressure during the purchase and before the purchase is carried out. This might for instance be a reduction in the time available to the End User to decide whether to purchase, for example by adding a timer function instructing the End User to press OK before the counter reaches 0.
Reference to the information requirements of 11.1.1 shall be made via a link to the same media; i.e. in the case of web sites, reference may only be made to another web site via a direct link. A web site may not accordingly refer to information requirements in a printed medium, for instance.
11.2.2 Printed media (for example newspapers, weeklies or monthlies, coupon books) in the publication notes
The reference shall be to publication notes in the same printed medium.
11.2.3 Non-durable media (radio, TV)
11.2.3.1 TV
Whenever a Premium Rate Service is advertised all mandatory information shall be provided.
The following mandatory information is defined as Mandatory Text and shall be displayed as text on-screen, horizontally and with a font size of at least five per cent (1/20) of the screen height. The font size is measured as the height of uppercase characters, e.g. M or X, of the font being used in relation to that part of the screen which is text safe.
Mandatory Text includes the following:
- Price
- Identity of Content Provider (unless the TV channel in question is also the Content Provider)
- Right of withdrawal (reference may be made to this via a short/legible Internet address)
The following mandatory information shall only be provided when processing sending of an item:
- Service Type (for instance, mentioning in connection with an advertisement/sending an item that it relates to an SMS poll, SMS competition or SMS Nonprofit Collection etc.)
If the service is a subscription-based service, the Mandatory Text shall also include:
- Subscription.
In addition, if the service is continuous, i.e. continues until it is cancelled, the Mandatory Text shall also include:
- Cancellation procedure.
Text shall appear on screen for at least two seconds, plus an additional 0.2 seconds per word. For example, text containing 12 words (e.g. “sms til 1xxx for at deltage i afstemningen. xx kroner udover trafiktakst” (“Text 1xxx to vote in the poll. DKK xx plus usage charge”) is 12 words, equivalent to minimum 2.0+12×0.2=4.4 seconds) shall remain on screen for at least 4.4 seconds.
The calculation is not just based on the Mandatory Text itself – if there is other text on screen at the same time as the Mandatory Text, the other text shall also be included in the calculation. For example, product names, model numbers and anything else on the same screen are included. For additional guidance, the text shall remain on screen long enough for it to be read out loud at normal speaking rate.
If a service is advertised on TV verbally and is referred to on TV, the price of the service shall be mentioned and if the service is a Subscription-Type Service, this fact shall also be mentioned clearly.
In the case of live TV an exception may be made, on request, from the time requirement above. This requires prior approval from the Mobile Operators, which need a processing time of at least 10 working days. Requests may be sent to the points of contact on their web site.
11.2.3.2 Radio
If the service is not provided by the channel operator itself, the Content Provider’s name shall be mentioned verbally, e.g. Lalandia. Regardless of Service Type, the provider’s name in this case shall be mentioned verbally, whereas all provider data indicated in section 11.1.1 shall be mentioned in all written communication to the End User.
When advertising Nonprofit Collections on the radio, the Content Provider’s address and telephone number may be omitted, provided the organisation in question is an approved one. Nevertheless, the subsequent return SMS must contain the provider’s name, address and telephone number. See example 2A.
12. Content provisions
12.1 Premium Rated adult services
The following types of adult services may not be sold via a Premium Rated service:
- Descriptions of sexual or erotic matters.
- Contact and dating services with a view to sexual activities or other related elements.
- References to other services or numbers with sexual or erotic content.
- Descriptions of violence.
- Access codes, passwords or similar elements providing access to services with the above content.
The following content is however lawful:
- Images of lightly clothed persons, provided however that their genitalia are covered and, in the case of women, their breasts are also covered.
- Persons wearing a G-string or transparent clothing are permitted provided their genitalia are not visible.
- Drawings or caricatures of genitalia/images of bottoms in a humorous context are permitted in this category.
- Content/material in the form of text, e.g. erotic stories and sexual/erotic descriptions, is permitted, provided the texts do not describe events and/or situations which would not be permitted if they were depicted as images.
- Content/material in the form of sound, e.g. ringtones and greetings sounds, is permitted, provided the sounds do not reflect events/situations which would not be permitted if they were depicted as images.
Images of persons who touch their own genitalia are not permitted, nor is interaction of a sexual nature between two or more persons.
For guidelines relating to advertising services for children and young people, reference is made to section 8 of the Danish Marketing Practices Act (Markedsføringsloven).
12.2 Collections for charity
Services may be offered in the form of humanitarian or non-humanitarian collections, provided that the recipient of the donated funds has an approval from the Board of Collections to make a collection or otherwise is approved to conduct collections according to Danish law.
12.3 Competitions
Competitions may not be offered as a Continuous Subscription.
The total cost of taking part in the competition, and details of the individual Premium Rates, must be made clear before the competition starts.
If a Content Provider wishes to offer more than one competition in the same medium (defined as the same issue of a newspaper, a periodical, a particular web site, etc.), it is a requirement that the competitions offered are substantially different from each other. Otherwise the competitions will be considered to be a single competition, with the related requirement to adhere to the maximum amounts set out above.
Competitions offered via “non-durable media” such as TV and radio will always be considered to be a single competition, if they are offered by the same Content Provider on the same channel, in the same programme and within the same 24-hour period. For charitable lotteries, reference is made to the section on maximum amounts above.
12.4 Financial services
Services may not be offered where the application for micro loans (credit loans, SMS loans etc.) entails a fee to the End User.
Services may not be offered where the End User can use a Premium Rated Service to pay for virtual currency (Bitcoin, etc.).
Virtual currency in the form of purchase of game coins or other forms of credits for online games (World of Warcraft, Forge of Empires, etc.) is however allowed.
Content Providers cannot offer Services where a payment from an End User can be forwarded to other End User´s virtual wallet or can be withdrawn from the Premium Service eco system – eg. paid out to a bank account or deposited onto a debit/credit card.
12.5 Marketing of services to minors (under 18 years)
- Subscription-based services may not be sold to minors.
- Use of text stating that a service is only for + 18 / adults or use of on-line age verification does not mean that a service is not aimed at minors.
- A decision on whether marketing of a service is directed at minors will be based on the content of the service, the appearance of the marketing material, the language used and the marketing channels.
- A decision on whether a service is directed at minors is made solely by 4T and cannot be contested.
12.6 Documentation for purchase of service:
When purchasing a service where the registration takes place online, the content provider must provide the following information in connection with customer complaints:
- active link to the service landing page used by the customer
- documentation for time of entry of mobile number
- documentation for the time of entering PIN code information
- which IP address the customer used at the time of registration
- which mobile handset type the customer used at the time of registration.
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.
13.6 RCS/RBM services
Regardless of whether a service is started on the basis of an MO SMS or a response to an SMS from a content provider, there are specific requirements for price information, information about the right of withdrawal, etc. These requirements also apply when a purchase is based on an RCS/RBM message dialog.
The following purchase flow requirements are when using an RBM model with a carousel that has predefined prices/donation amounts listed:
Whether it‘s a purchase of a service or a donation, the customer‘s press of a “carousel button“ should lead to another action button where the customer must confirm the purchase/donation.
One–click payment is thus not legal with RCS/RBM.
14. Re-directing an MSISDN
When a mobile number (MSISDN) is transferred to a new End User, a Premium Rate for Subscription-Type Services and the actual subscription relationship with the previous End User shall automatically cease prior to transfer.
At Danish Mobile Companies, an MSISDN will be blocked for reissue for a period after an End User has terminated their agreement without the MSISDN being transferred to a different Mobile Company.
If there are Subscription-Type Services which are sent at a frequency of more than three (3) months, a Content Provider shall obtain renewed acceptance of the Premium Rate from the End User prior before the provider can send any item involving a Premium Rate.
If there are Subscription-Type Services which are sent at a frequency of less than three (3) months, a non-existent MSISDN might result in various error messages (API return codes) from the Mobile Company.
The table below contains a summary of the API return codes used and the way in which a Content Provider must react to these. Where an Aggregator intermediate link is present, this is obliged to re-direct the information to the actual Content Provider:
| Error code | Generic description | Mandatory reaction from Content Provider (via Operators) |
| 5001 | The customer does not exist | Cancel the service/subscription and stop charging. Delete the MSISDN in the database |
| 5002 | Blocked for Premium Rate services (standard operator service) | Cancel the service/subscription and stop charging. |
| 5002 | Blocked for physical goods and services | Cancel the service/subscription and stop charging. |
| 5003 | Blocked because balance control limit has been reached | “Try again later” |
| 5003 | Blocked because usage control limit for Premium Rate services has been reached | “Try again later” |
| 5003 | Prepaid – not enough money in the account | “Try again later” |
15. Examples
Applicable to all services:
Mandatory information in marketing before purchase:
- What is being purchased – SERVICE NAME
- Who is selling – Content provider name, email, customer service tel.
- Price and collection interval (one-time, week / month)
- For services marketed online, the price must be stated above a telephone number. entry box.
- 14 day right of withdrawal:
- Yes – Read more about the Right of Withdrawal on 4T.dk
- No – The customer must actively waive the right of withdrawal
Post-purchase marketing:
- The customer receives the purchased service via SMS or information is sent about how the customer accesses the purchased service (link). This information could be a part of the receipt SMS, and in that case must ALWAYS be placed just before “Yours Content Provider…”
- STOP codes for continuous subscription. (read more about this in section 11.1.3)
Use of SMS:
Documentation of which SMS the customer sends and which SMS the customer receives are important in connection with the processing of customer complaints.
All SMS sent by the content provider to the customer, which is important for the customer’s payment for the service MUST be sent via 4T (4T API).
Examples:
- All kinds of receipt
- SMS with subscription information, pin codes, content access etc.
- SMS in connection with trial period
- SMS in connection with stopping service (Good bye SMS)
SMS texts:
- In the examples below, SMS texts are written in red
- The relevant values for SERVICE NAME, yy, Content Provider name, email, phone and week / month should be inserted in the SMS.
- These SMS texts contain all statutory information and can therefore not be deviated from in structure or content.
Example 1: SMS initiated service with one-time payment:
|
Example 1A: SMS initiated service with continuous subscription:
|
No further information required |
Example 2: Online initiated service with one-time payment:
|
Example 2A: Online initiated service with continuous subscription:
|
Example 3: Collections initiated via online and / or Radio/TV media:
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Example 4: Voting announced in volatile media (Radio / TV programs) max DKK 12 per. vote:
(Information about right of withdrawal etc. read chapter 11.2.3)
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Example 5: SMS information about upcoming collection of subscription fee:
(Information about service stop SMS read chapter 11.1.3.)
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Versions of the Framework Agreement
Below are screen-dumps of the Framework Agreement on Mobile Content and Payment Services: PLEASE NOTE: the web version always takes precedence over the hard-copy issues below
- Version 8.0 – April 1st 2021
- Version 7.0 – October 1st 2018
- Version 6.0 – 1 July 2014
Rammeaftale for mobile indholds- og betalingstjenester ver 6.0 DK inklusiv tillæg
Framework Agreement on Mobile Content and Payment Services Version 6.0 incl app
- Version 5.3 – 27 December 2011
- Version 5.2 – 5 July 2011
Rammeaftalen for mobile indholds- og betalingstjenester ver.5.2 af 5. juli 2011
Framework Agreement on Mobile Content and Payment Services, Version5.2 of 5 July 2011
- Version 5.1 – 13 April 2011
Rammeaftalen for mobile indholds- og betalingstjenester ver.5.1 af 13. april 2011
Framework Agreement on Mobile Content and Payment Services, Version5.1 of 13 April 2011
- Version 5.0 – 1 May 2010
Rammeaftalen for mobile indholds- og betalingstjenester ver.5.0 af 1. maj 2010