MTN SDP Penalty Clause and Sanctions - Hubtel

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MTN SDP Penalty Clause and Sanctions

Definition of Terms
“Agreement”
means a negotiated and typically legally binding arrangement between parties as to a course of action
“CP”
means content provider
“GIFEC” means Ghana Investment Fund for Electronic Communications
“Messaging” is a communication containing some information, news, advice, request, or the like, sent via telephone, email, or other means.
“MTN” is mobile telephone network operator in African and Middle Eastern countries.
“NCA” means National Communications Authority
“NLA” means National Lottery Authority
“SDP” means service delivery platform
“SDPP” means the Service Delivery Platform Partner i.e. TEKHYPE;
“Services” means those value added services, including Content, developed and/or provided by the SDPP to the Customers via the MTN network
“SMS” means short messaging service
“USSD” means unstructured supplementary service data

Penalty Clause
This clause spells out the sanctions that will be meted out to SDPP upon failure to comply with the rules and regulations currently operating in MTN Ghana and with that of the National Communication Authority pertaining to short codes, content services and subscriber engagements.

The SDPP will adhere to all rules and regulations pertaining to their scope of operation With MTN Ghana and other government agencies or regulatory bodies (NCA, GIFEC, NLA, Ghana Gaming Commission, etc).

Rules and Sanctions
1. The Content Provider or SDPP is required to share NCA renewal certificates for all short codes by end of January every year.
– Failure to comply with rule (1) by end of January each year will result in deactivation of short codes.

2. All CP or SDPP services will be duly tested and approved by MTN before service is opened to the public.
– Failure to comply with rule (2) will result in the service not being launched to the public.

3. The CP or SDPP will push content messages to subscribers per agreed frequency shared with MTN Ghana; either once or twice daily, weekly, bi-weekly, monthly.
– Failure to comply with rule (3) will result in the following:
i.  MTN will refund affected subscribers and withhold the refund amount from the CP or SDPP’s monthly revenue.
ii. MTN will also withhold fifty percent (50%) of the CP or SDPP revenue.
iii. Second time offence resulting in multiple charges to subscribers without any verified technical issues will lead to the suspension of the service for six months and 100% of the revenues generated on the affected service will be withheld by MTN.

4. To comply at its own cost with all telecommunication laws or directives including but not limited to Section 50 of the Electronic Transactions Act, 2008 (Act 772):
i. That shall not send unsolicited electronic communications to a consumer without obtaining the prior consent of the consumer;
ii. That it shall not send electronic commercial communication to a consumer without providing the consumer with the option to cancel the subscription to their mailing list;
iii. That it shall send electronic communication only from 8:00am – 7:00pm daily;
iv. That it shall only send promotional and non-transactional electronic communications from Mondays to Saturdays.
v. That it shall not send commercial communication to a consumer without providing the customer with the identifying particulars of the source from which they obtained the consumer’s personal information at the request of the consumer;
vi. That an Agreement shall not be deemed to have been concluded where a consumer fails to respond to an unsolicited communication;
– Failure to comply with any of the rules under listed will result in termination of AGREEMENT between MTN and CP or SDPP.

5. The CP or SDPP will ensure that it does not generate content that contains any of the following prohibited content:
i. Pornography;
ii. Content that despises religious sects;
iii. Content that is socially distasteful;
iv. Personal and or defamatory content;
v. Malicious political and or social gossip;
– Failure to comply with rule (5) will result in termination of Agreement without notice to the CP or SDPP.

6. The CP or SDPP are to share all promotional scripts with MTN for the editorial board to review and approve.

7. The CP or SDPP will share SMS Broadcast and or USSD flash messages only within the specified days and time per NCA directive.
i. From Monday to Saturday.
ii. Between 8:00am to 7:00pm
– Failure to comply with rule (6) and (7) will result in termination of Agreement between MTN and CP or SDPP.

8. The CP or SDPP will communicate all web and WAP channels being used for promotional purposes to MTN for double opt-in to be configured on the content services.
– Failure to comply with rule (8) will result in termination of Agreement between MTN and CP or SDPP.

9. The CP or SDPP undertakes not to incur any liability on behalf of MTN or bind MTN in any way or give or make or purport to give or make any warranty or representation on behalf of MTN, save to the extent expressly provided in this Agreement and agrees to indemnify MTN for any loss, claim, action, expense, damage, penalty, injury suffered or sustained by MTN for any breach by the CP or SDPP of this Agreement.

10. The CP or SDPP are to keep records of customer subscriptions and un-subscriptions and content pushed in their database for a minimum of 3 years.