When using this software package, it is important that SMS’s are not sent or promoted for the
purposes of Spamming and in this regard the use of this is subject to the terms and conditions
of the Code of Conduct which is available from QUANTUM on request. In
particular your attention is drawn to the fact that ‘spam’ is defined as any unsolicited
commercial communications, including unsolicited commercial messages. A ‘commercial messages’ is
a message sent by SMS or MMS that is designed to promote the sale or demand of goods or services
whether or not it invites or solicits a response from the recipient.
It is important that an originating number as an identifier to the original message as sent. In
order to determine what is identified as spam, the following should be considered as spam:
Any commercial message is considered unsolicited (and hence spam) unless:
- The recipient has requested the message
- The message recipient has a prior commercial relationship with the message originator and
would reasonably expect to receive marketing communication from the originator
- The organization supplying the originator with the recipient’s contact information has the
recipient’s explicit consent to do so for the purpose of sending commercial messages.
QUANTUM does not, make any representation or give any warranties or guarantees
of any nature whatsoever in respect of the use of this SMS package, nor does it warrant or
guarantee any delivery of the SMS to designated recipients. Furthermore,
QUANTUM does not warrant that the product is free of in accuracy or defects or
bugs or viruses of any kind.
QUANTUM shall not be liable to the user of the SMS software or any third party
for any loss or damage to the user of the software or any third party or any person of
whatsoever nature and howsoever arising whether directly, indirectly or consequential, special
or incidental loss or damage as result of the use of the SMS software package and the user
hereby indemnifies QUANTUM and holds QUANTUM harmless
against any claim by any third party or user arising directly or indirectly out of the use of
the SMS service or any information relating to the dissemination of any SMS which was sent by
the SMS software.
Other Terms;
Unsolicited Messages
- No customer shall engage in the practice of providing any unsolicited services which for
the purpose of this code are to be construed as spam
- As a general guideline ,messages will be deemed to be unsolicited:
- Where the recipient/ subscriber has not requested for the message either from
the QUANTUM Customer or a third party with whom the recipient
has a direct and prior commercial relationship and has accepted receipt of such
a message and reasonably expects to receive a message of such nature
- The message requires the recipient to take some prescribed action to unsubscribe
from the service failing which he is automatically subscribed and charged for a
content service for future messages
- For the avoidance of doubt, a person shall be treated as having been provided with an
unsolicited free service so long as did not specifically take action to request for that
service prior to it being provided to him
- You should not broadcast a message to a database of numbers which are not actively
subscribed to the service in a bid to either subscribe such numbers to the service or
promote the service. This includes subscribers who have stopped the service.
- You should not send messages to subscribers from any database; either as individuals or
a group if they have not actively subscribed to or they have not requested for the
service.
-
Gaming / Lottery
- QUANTUM does not offer gaming/ lottery.
-
Adult content
- The QUANTUM Customer shall not transmit through the network any
material that would in QUANTUM’s opinion be deemed to be of an adult
nature, nor content that is obscene or lurid. Examples of such content include but are
not limited to content that is clearly of a 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
-
Content Providers
- QUANTUM will be required to bind its customers to ensure that the
content provided with regard to the provision of the services is not in contravention of
this code.
Termination of service – commands
- The QUANTUM Customer must provide to subscribers instructions on how
to unsubscribe for the service.
- Safaricom requires a STOP text function to be implemented that is clear and executable
in a single message. In this regard the QUANTUM customer shall be
required to support a STOP text as follows: QUANTUM will add self OPT
OUT instructions to every SMS sent out through the platform. The OPT OUT SMS will
specify the key word e.g. STOP QUANTUM
- Stop request must be enabled through the sending of an SMS MO containing the
keyword ‘STOP’ or ‘OFF’ in it
The STOP text must not be case sensitive
- QUANTUM shall ensure the STOP command mechanism is functional and
accessible at all times.
- QUANTUM will also be required to allow subscribers to unsubscribe for
services through the QUANTUM customer helpline
(0700524588)
- QUANTUM will have a clear and short “stop” instruction. The ‘stop’
functionality will work at all times. E.g. send ‘stop QUANTUM ’ to
40015
- Once a recipient has deactivated the service, he/ she should at no time be reactivated
without his / her request. The recipient should also not receive further messages
promoting the service.
-
Welcome message
- The first message when a customer subscribes to a service should always have at the
minimum the following details:-
- The service subscribed to;
- The cost of the service;
- Frequency of the service;
- Deactivation method (‘ STOP’ function);
- Help line – customer care number ;
- Summary of the most critical terms and conditions;
- URL for the terms and conditions (optional).
- An example: Welcome to XYZ LIMITED cost per message 10/-, 3 times / week. To deactivate
send stop to 0123. For help call 07123XXXXX. Terms and conditions www.xyz.co.ke
Wrongful subscription of customers
- You should not wrongfully subscribe customers to your service without their consent.
This is either on SMS or web subscription and includes customers whom have opted out of
the service
- Under no circumstance should any customer be subscribed to a service he / she has not
requested
