Nigeria Code Of Conduct

  1. Overview
    This document serves to comply with the directives outlined in several legislations including the Wireless Application Service Providers Association of Nigeria (WASPAN) Code of Conduct and the Nigerian Communication Act 2003, Schedule 1 of the Consumer Code of Practice Regulation, 2007.

    1. Objectives of the Code of Conduct
      The main objective of the Code of Conduct is to ensure that mobile subscribers and other customers can use mobile services with confidence. The Code aims to equip customers and consumers with information on all services provided by Celtouch and its Clients, especially on the pricing of these services and a mechanism for addressing any concerns relating to services provided by Celtouch and response to any complaints made.
    2. Objectives of the Code
      Unless otherwise specified, this Code of Conduct applies to all wireless application services accessed by a customer in Nigeria, provided by Celtouch, through the infrastructure of the Nigerian Mobile Network Operators.
    3. Existing Agreements with Mobile Network Operators
      As well as complying with this Code, Celtouch must also comply with any existing contracts and Agreements they have with the Mobile Network Operators.
  2. Definitions
    The under-listed terms have the following meanings throughout this document:

    1. An “adult service” is any service where the content or product is of a clearly sexual nature, or any service for which the associated promotional material is of a clearly sexual nature, or indicates directly, or implies that the service is of a sexual nature.
    2. An “adult content service” is any service for the provision of content which has been classified as suitable only for persons 18 years or older by an appropriate body, or content reasonably likely to be so classified.
    3. A “beneficiary” is a charity or organisation benefiting from a charitable promotion.
    4. A “charitable promotion” is any promotion which has a primary goal of benefiting a registered charitable organisation.
    5. A “child” refers to a natural person less than 18 years of age.
    6. A “commercial message” is a message sent by SMS or MMS or similar protocol that is designed to promote the sale or demand of goods or services whether or not it invites or solicits a response from a recipient.
    7. A “competition service” is any competition or game with prizes or entry mechanism draw.
    8. A “content subscription service” includes any subscription service providing or offering access to content including, by way of example only and not limitation: sound clips, ring tones, wallpapers, images, videos, games, text or MMS content or information.
    9. A “customer” is a user of a mobile cellular telecommunications service that has indicated a willingness to access or utilize a service provided by a wireless application service provider.
    10. An “information or service provider” is any person on whose behalf a wireless application service provider may provide a service, and includes message originators.
    11. A “keyword” is any word used in an SMS or MMS sent by a customer to request a service.
    12. A “message originator” is the entity sending a commercial message and can be any person or organisation with a commercial arrangement with Celtouch to send messages.
    13. A “network operator” is a mobile cellular telecommunication service provider, or any other category of telecommunication service provider as determined by Celtouch.
    14. The “originating number” is the number allocated to Celtouch by the network operator from which a commercial message is sent.
    15. A “person” means any natural or legal person.
    16. A “premium-rated service” is any service charged at a higher rate than the standard rate set by the network operator for that particular service.
    17. “Spam” means unsolicited commercial communications, including unsolicited commercial messages as referred to in section 5.2.1.
    18. A “subscription service” is any service for which a customer is billed on a repeated, regular basis without necessarily confirming each individual transaction.
    19. “Celtouch website” refers to the internet website located at www.celtouchllc.com.
    20. A “wireless application service provider” is any person engaged in the provision of a mobile service, including premium-rated services, who signs a contract with a network operator for bearer.
  3. General provisions
    1. Professional and lawful conduct;
      1. Celtouch will at all times conduct themselves in a professional manner in their dealings with the public and customers.
      2. Celtouch is committed to lawful conduct at all times.
    2. Freedom of expression;
      1. Celtouch respects the constitutional right to freedom of speech and expression.
    3. Service levels;
      1. Celtouch will not offer or promise services that they are unable to provide.
      2. Provision of services must not be unreasonably prolonged or delayed.
      3. Celtouch is not liable for any failure to provide a service due to circumstances beyond its control.
    4. Intellectual property;
      1. Celtouch will respect the intellectual property rights of their Clients and other parties and will not knowingly infringe on such rights.
    5. Content control;
      1. Celtouch will not knowingly transmit or publish “content which is illegal or forbidden”.
      2. If Celtouch becomes aware of illegal content under its control, Celtouch will immediately suspend access to that content. Where required to do so by law, Celtouch will report the illegal content to the relevant enforcement authority.
    6. Data protection;
      1. Celtouch will take all reasonable measures to prevent unauthorised or unlawful access to, interception of, or interference with any data.
    7. Decency;
      1. Celtouch will not provide any services or promotional material that:
        • Contains a visual presentation of explicit violent sexual conduct;
        • Results in any unreasonable invasion of privacy;
        • Induces an unacceptable sense of fear or anxiety;
        • Encourages or incites any person to engage in dangerous practices or to use harmful substances;
        • Causes grave or widespread offence; or
        • Debases, degrades or demeans.
    8. Information providers;
      1. Celtouch will legally bind any information provider with whom they contract for the provision of services to ensure that none of the services contravene the Code of Conduct.
      2. Celtouch may suspend or terminate the services of any information provider that provides a service in contravention of this Code of Conduct.
    9. Alterations;
      1. Celtouch reserves the right to make alterations to this Code of Conduct from time to time.
      2. The current Code of Conduct will always be available on the Celtouch website for download.
  4. Customer Relations
    1. Provision of information to customers;
      1. Celtouch is committed to honest and fair dealings with their customers. In particular, pricing information for services must be clearly and accurately conveyed to customers and potential customers.
      2. Celtouch will not knowingly disseminate information that is false or deceptive, or that is likely to mislead by inaccuracy, ambiguity, exaggeration or omission.
    2. Privacy and confidentiality;
      1. Provision of information to customers;
        1. Celtouch respects the constitutional right of consumers to personal privacy and privacy of communications.
        2. Celtouch respects the confidentiality of customers’ personal information and will not sell or distribute such information to any other party without the explicit consent of the customer, except where required to do so by law.
  5. Commercial communications
    1. Identification of spam;
      1. Any commercial message is considered unsolicited (and hence spam) unless:
        • The recipient has requested the message;
        • The message recipient has a direct and recent (within the last six months) prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from the originator; or
        • The organisation supplying the originator with the recipient’s contact information has the recipient’s explicit consent to do so.
    2. Celtouch does not send or promote the sending of spam and will take reasonable measures to ensure that their facilities are not used by others for this purpose.
  6. Advertising and Pricing
    1. Pricing of services;
      1. All advertised prices must include VAT.
      2. All advertisements for services must include the full retail price of that service.
      3. Pricing must not contain hidden costs. Where applicable, pricing for content services must include the cost of the content and indicate any bearer costs that may be associated with downloading, browsing or receiving that content.
      4. Pricing contained in an advertisement must not be misleading. If multiple communications are required to obtain content, then the advertised price must include the cost for all communications required for that transaction. A clear indication must always be given that more premium messages are required.
      5. The price for a premium rated service must be easily and clearly visible in all advertisements. The price must appear with all instances of the premium number display.
      6. Unless otherwise specified in the advertising guidelines, the name of the information provider providing the service must appear in all advertisements for premium rated services.
      7. For menu-driven services such as USSD, the price for the service must be clearly stated at the top of the first page. Any additional costs associated with specific menu selections must be clearly indicated.
    2. General provisions;
      1. For services such as MMS, that have specific handset requirements, advertisements must make it clear that the customer needs to have a compatible handset that has been correctly configured to use that service.
    3. Use of the word “free”;
      1. The keyword “free” or words with the same or similar meaning (in any language) may not be used for any service unless that service has no associated charges whatsoever, excluding network bearer charges.
  7. Competitions
    1. Provision of information;
      1. Any promotional material for a competition service must clearly display the full cost to enter the competition and any cost to the user to obtain the prize.
      2. Any promotional material for a competition service must include the details of how the competition operates.
  8. Subscription Services
    1. Manner of subscription;
      1. Promotional material for all subscription services must clearly identify the service as “subscription services”.
  9. Charitable Promotions
    1. Any promotional material for charitable and/or fundraising promotions must make it clear that the network operator fees and administration fees will be deducted from amounts paid.
    2. Promotional material must specify the identity of the beneficiary.
    3. Promotional material must make clear any restrictions or conditions attached to the contribution to be made to the beneficiary.
  10. Interactive Voice Response (IVR) Services
    1. For any IVR service that costs more than N30 per minute, there must be a clear announcement of the cost per minute at the beginning of the call.