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Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000)

Regulations

Code of Conduct for Premium Rated Services

15. Billing or Premium Rated Services

 

(1) A premium rated service provider must be treated as having charged a person for its premium rated service when a billing network operator issues a bill to such person for the service.

 

(2) The billing network licensee who issues a bill to a person for payment for a premium rated service (referred to in this section as the “person charged”), must ensure that the bill contains the following minimum information:
(a) Date and time which the premium rate services was dialled, requested or charged (in the case of subscription services);
(b) The duration of the call in the case of dialled premium rated services;
(c) Destination number, being the premium rated number concerned; and
(d) the amount in rands (charge of the premium rated service) per event.

 

(3) Notwithstanding the provisions of sub-regulation (2), in the event that a person charged contacts the billing network operator to dispute the charge, the billing network operator must provide reasonable assistance to assist such person to resolve the dispute with the premium rated service provider.

 

(4) During any calendar month, if the total cost of any premium rated service exceeds R200 and just before it reaches the amount of R220, for that month: Premium rated service providers shall send a notification to the end-user informing them that they have reached this amount and a response is required from the end-user, confirming their acceptance of any additional costs over this amount, prior to any additional costs being billed.

 

(5) During any calendar month, after the first threshold notification, when the total cost of any premium rated service reaches R200, and when it reaches any multiple of R200 thereafter, an additional notification must be sent to the end-user notifying them of the total cost incurred for that service so far.

 

(6) The thresholds specified in sub regulation (4) and (5) shall:
(a) Apply in the absence of a specified threshold by the account holder; and
(b) be amended in accordance with the end-user’s instructions.

 

(7) A premium rated service provider providing a service must keep a record of the confirmation provided by the end-user or the notifications sent to the customer as contemplated in sub-regulations (5) and (6).

 

(8) A premium rated service provider is not liable for any failure to provide a service due to circumstances that are beyond their control. Neither can premium rated service providers charge for service not received by an end-user as per the premium rated service promotion or advertisements.