Loading...
logoWASPAN
 Contact

Code of Conduct

1. Introduction

This document is a code of practice governing the members of the Wireless Application Service Providers’ Association (WASPAN) in Nigeria. It is binding on all members and contains accepted procedures to be followed in the event of a complaint lodged against any WASPAN member.

1.1 About WASPAN

WASPAN is an independent, non-profit organisations representing the interests of organisations providing mobile application services in Nigeria. The Association aims to provide a neutral forum for members to address issues of common interest and interact with industry stakeholders, network operators and government bodies. WASPAN aims to ensure that end-users receive world-class services and industry participants earn a fair return on their investments. The association was founded on June 10 2008

Membership of WASPAN is voluntary. Voting members are required to have an existing business relationship with one or more of the telecommunication network operators. All members are required to accept the WASPAN Code of Conduct and related procedures as binding.

1.2 Objectives of the Code of Conduct

The primary objective of the WASPAN Code of Conduct is to ensure that members of the public can use mobile services with confidence, assured that they will be provided with accurate information about all services and the pricing associated with those services. The Code aims to equip customers and consumers with a mechanism for addressing any concerns or complaints relating to services provided by WASPAN members, and a framework for impartial, fair and consistent evaluation and response to any complaints made.

The Code of Conduct also sets standards for advertising mobile application services, and includes a framework for the provision of adult services, to ensure adequate protection of children from potentially harmful content.

1.3 Revisions to the Code of Conduct

In order to ensure that this Code of Conduct remains relevant in the face of constantly evolving technology, the provisions of the Code are reviewed regularly. The latest version of the WASPAN Code of Conduct is always available on the organization’s web site, http://www.waspgte.com

1.4 Scope of the Code

Unless otherwise specified, this Code of Conduct applies to all wireless application services accessed by a customer in Nigeria, transmitted by a wireless application service provider and carried by a Nigerian network operator.

Where the Code addresses services provided by members, it applies only to wireless application services provided by a WASP, and not to other types of services that the member may provide.

1.5. Existing agreements with operators

As well as complying with this Code, WASPAN members must also comply with any existing contracts and agreements they have with network operators.

1.6. Applicability of the Code to non-members

Some companies may be required to comply with the WASPAN code by virtue of a contract with one or more network operators and/or a contract with one or more voting WASPAN members. In such cases, all clauses in the Code of Conduct and the WASPAN Advertising Rules that are binding on WASPAN members shall be deemed to be binding on those companies, irrespective of whether or not those companies are members of WASPAN.

1.7. Disclaimer

The members of WASPAN, the WASPAN Management Committee, all other WASPAN Committees, the WASPAN Secretariat, WASPAN’s employees and contractors, and Independent Adjudicators shall not be held liable for any consequences that may arise from the implementation of this Code of Conduct or for the failure to implement the Code. This Code of Conduct does not constitute legal advice, nor is it warranted as legal advice. All members are strongly advised to seek proper legal counsel.

2. Definitions

The terms below have the following meaning 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 (such as the Film and Publications Board), or content reasonably likely to be so classified.
  3. An “adjudicator” is a person, independent of any member, who is appointed to review formal complaints.
  4. A “beneficiary” is a charity or organisation benefiting from a charitable promotion.
  5. “Bundling” means automatically subscribing a consumer to a subscription service in response to a request from that consumer for a single content item.
  6. A “charitable promotion” is any promotion which has a primary goal of benefiting a registered charitable organisation.
  7. A “child” refers to a natural person under 18 years of age.
  8. “Children’s services” are those which, either wholly or in part, are aimed at, or would reasonably be expected to be particularly attractive to children.
  9. 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.
  10. A “competition service” is any competition or game with prizes or entry mechanism draw.
  11. A “contact and dating” service is any service intended to enable people previously unacquainted with each other to make initial contact and arrange to meet in person.
  12. 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. This includes any subscription service which describes itself as a “club or other similar nomenclature” or which otherwise allows access to content to subscribers, at a cost which includes both a subscription element and a per content item element. Services which are not considered to be content subscription services include: dating services, chat services, location-based services, GSM terminal device services, corporate application services, reminder services, synchronisation applications, corporate communications applications, VOIP, etc.
  13. A “customer” is a user of a mobile cellular telecommunications service that has indicated a willingness to access or utilise a service provided by a wireless application service provider.
  14. An “information or service provider” is any person on whose behalf a wireless application service provider may provide a service, and includes message originators.
  15. A “keyword” is any word used in an SMS or MMS sent by a customer to request a service.
  16. A “member” is a member in good standing of WASPAN.
  17. A “message originator” is the entity sending a commercial message and can be any person with a commercial arrangement with a WASP to send commercial messages, or a WASP directly.
  18. A “network operator” is a mobile cellular telecommunication service provider, or any other category of telecommunication service provider as determined by WASPAN’s Management Committee.
  19. The “originating number” is the number allocated to the WASP by the network operator from which a commercial message is sent.
  20. A “person” means any natural or legal person.
  21. A “premium-rated service” is any service charged at a higher rate that the standard rate set by the network operator for that particular service.
  22. “Secretariat” refers to the persons employed by WASPAN to handle the administration of the organisation, including the handling of Code of Conduct complaints.
  23. “Spam” means unsolicited commercial communications, including unsolicited commercial messages as referred to in section 5.2.1.
  24. A “subscription service” is any service for which a customer is billed on a repeated, regular basis without necessarily confirming each individual transaction.
  25. “WASPAN website” refers to the Internet web site located at http://www.waspgte.com.
  26. A “wireless application service provider” is any person engaged in the provision of a mobile service, including premium-rated services, who signs a WASP contract with a network operator for bearer services enabling the provision of such services.

3. General provisions

3.1. Professional and lawful conduct

  • 3.1.1. Members will at all times conduct themselves in a professional manner in their dealings with the public, customers, other wireless application service providers and WASPAN.
  • 3.1.2. Members are committed to lawful conduct at all times.

3.2. Freedom of expression

  • 3.2.1. WASPAN and its members respect the constitutional right to freedom of speech and expression.

3.3. Service levels

  • 3.3.1. Members will not offer or promise services that they are unable to provide.
  • 3.3.2. Provision of services must not be unreasonably prolonged or delayed.
  • 3.3.3. A member is not liable for any failure to provide a service due to circumstances beyond that member’s control.

3.4. Intellectual property

  • 3.4.1. Members will respect the intellectual property rights of their clients and other parties and will not knowingly infringe such rights.

3.5. Content control

  • 3.5.1. Members must not knowingly transmit or publish “content which is illegal or forbidden by WASP Gte and operator rules”
  • 3.5.2. If a member becomes aware of illegal content under that member’s control, the member must, immediately suspend access to that content. Where required to do so by law, the member must report the illegal content to the relevant enforcement authority.
  • 3.5.3. Members must co-operate with any content orders lawfully issued by legal and / or enforcement authorities.

3.6. Data protection

  • 3.6.1. Members will take all reasonable measures to prevent unauthorized or unlawful access to, interception of, or interference with any data.

3.7. Decency

3.7.1. Members will not provide any services or promotional material that:

  • contains a visual presentation of explicit violent sexual conduct, bestiality, facilitates or promotes discrimination that may be related to gender or sex, incest or rape or extreme violence which constitutes incitement to cause harm;
  • 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;
  • induces or promote racial disharmony;
  • causes grave or widespread offence; or
  • debases, degrades or demeans.

3.8. Number re-use

  • 3.8.1. A service must not be replaced on the same number by another service that might give offence to or might be inappropriate for customers reasonably expecting the original service.

3.9. Information providers

  • 3.9.1. Members must 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.
  • 3.9.2. The member may suspend or terminate the services of any information provider that provides a service in contravention of this Code of Conduct.
  • 3.9.3. The member must act in accordance with the WASPAN complaints and appeal process and if appropriate, suspend or terminate the services of any information provider.

3.10. Nominated representatives

  • 3.10.1. Each member must supply WASPAN with contact information (including at least a telephone number and an email address) for a primary and a secondary Code of Conduct representative.
  • 3.10.2. Should the nominated representatives change, or the contact information for the representatives change, the member must notify WASPAN of the changes.
Top