This document expands and clarifies your Always Active Technologies (Pty) Ltd WASP services agreement and regulates the manner in which WASP’s must advertise their services, and shall be binding on you with immediate effect pursuant to the provisions of your agreement.’
If there are contradictions between these rules and any other provisions or notifications to the agreement, then these rules shall apply.
2. Penalty
If your company acting under the Always Active Technologies (Pty) Ltd WASP license does not advertise a service in the manner specified in these rules then Always Active Technologies (Pty) Ltd shall withhold the monthly revenue for that service. Revenue will continue to be withheld until the advertising has been remedied to the full satisfaction of Always Active Technologies (Pty) Ltd and the GSM Network Operators. Always Active Technologies (Pty) Ltd’s decision shall be final and binding.
Not withstanding the aforementioned penalty, Always Active Technologies (Pty) Ltd reserves the right (as per the agreement) to suspend and/or terminate a service and/or terminate the agreement in the event of a repeated breach of these rules.
3. Guiding principle
As an acting WASP you are selling content to a customer. A contract of sale can only be valid if the buyer and seller agree on the price. Thus, at all times, when faced with a transaction a customer must know the full retail price of what it is they are going to buy.
Always Active Technologies (Pty) Ltd and the GSM Service Providers will not tolerate hiding or obscuring the price so that the customer is not fully aware of what they are going to pay.
These rules apply to all media including radio and television.
To the extent that it is possible (e.g. on your websites and brochures) you must include reference to the definitions contained in Annexure A.
4. Advertising rules
The following rules apply:
4.1 VAT inclusive
The price must be stated VAT inclusive.
4.2 No hidden costs
You must advertise all costs related to the final consumption of the advertised service. Thus network charges as well as content charges.
For example if the service is for a polyphonic ringtone, which costs R3 by way of a premium rated SMS, which still has to be downloaded via WAP then the advert must state “R3 + download fees”.
4.3 No misleading advertising
The customer must be advised of the full retail price of the content. For example it is misleading to state that a polyphonic ringtone is R3.00, however in fact the customer ends up using two R3 SMS’s to get the content resulting in a net charge of R6.
Therefore you must either state “R6” or “R3/SMS (2 SMS).”
4.4 Font size of the price
The font size of the price of content must be in such a size that it is easily visible from the advert. The customer must be able to view the price with very little effort.
4.5 Location of the price
The price must be located on the advert in such a place that it is easily visible to the customer. Essentially the customer must be able to see the price when looking at the advert without having to search the advert for the price. The price may not be hidden in the terms and conditions.
4.6 No partial advertising
The price may not be stated in some adverts for a service and not in others.
5. SMS rules
5.1 Premium rated SMS
Always state the full retail price e.g. R5.
5.2 VAS rate SMS combined with OBS
Always state that the sending SMS is charged at the VAS SMS rate. The content is billed at the content rate. For example a ring tone billed via OBS at R3 must be advertised as “R3 + VAS SMS per request”.
9. Unsubscribing for a service
Where a customer is given the option to unsubscribe for a service only network charges should be charged to unsubscribe and premium content rates must not apply.
