Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsEnd-User and Subscriber Service Charter Regulations, 20168B. Data services |
Out of bundle billing practices:
| (1) | A Licensee must ensure that an end-user is: |
| (a) | sent data usage depletion notifications via SMS, push notification or any other applicable means when usage reaches 50%, 80% and 100% depletion of data bundles. End-users must be provided with an option to opt-out of data usage notifications; |
[Regulation 8B(1)(a) substituted by regulation 4.1 of the End-User and Subscriber Service Charter Amendment Regulations, 2019 (Notice No. R. 128, GG 42225, dated 12 February 2019)]
| (b) | provided with an option to buy additional data bundles via the USSD platform, push notification, or any other applicable means at any time; |
| (c) | provided with an option via SMS, push notification, USSD or any other applicable means to opt-in or opt-out of out-of-bundle data usage; |
[Regulation 8B(1)(c) substituted by regulation 4.2 of the End-User and Subscriber Service Charter Amendment Regulations, 2019, (Notice No. R. 128, GG 42225, dated 12 February 2019)]
| (d) | [Regulation 8B(1)(d) repealed by regulation 4.3 of the End-User and Subscriber Service Charter Amendment Regulations, 2019 (Notice No. R. 128, GG 42225, dated 12 February 2019)] |
| (2) | Where an end-user does not opt-in to out-of-bundle data charge as per regulation 8B(1)(c) above, a Licensee must not permit any out-of-bundle data usage by an end-user until such time that an end-user purchases new data bundles or opt-in to out-of-bundle usage. In the event that an end-user does not make an election, whether to opt-in or opt-out of out of bundle usage, the Licensee may either immediately terminate data services or continue to provide data services, provided that the provision of the service shall be on the same terms and conditions applicable under in-bundle usage. |
[Regulation 8B(2) substituted by regulation 4.4 of the End-User and Subscriber Service Charter Amendment Regulations, 2019 (Notice No. R. 128, GG 42225, dated 12 February 2019)]
Roll over of unused data and transfer of data
| (3) | A Licensee must provide end-users with an option to roll over unused data before expiry date. In the event of unused data being rolled over, a Licensee shall in the first instance apply data usage against the rolled over data until that data is fully depleted, and thereafter against the newly allocated data. |
| (4) | A Licensee must provide an end-user with an option to transfer data to other end-users utilising services of the same Electronic Communications Service licensee. |
[Regulation 8B(4) substituted by regulation 4.5 of the End-User and Subscriber Service Charter Amendment Regulations, 2019 (Notice No. R. 128, GG 42225, dated 12 February 2019)]