Code of Conduct

General

1. Oman Telecommunications Company standard terms and conditions of service shall apply to the customer.

Application & Purpose

1. The purpose of this Code of Conduct is to discourage the sending of intrusive and offensive SMS Messages and to encourage the responsible use of SMS as a marketing medium.
2. This Code of Conduct applies to all corporate customers of Omantel using Omantel’s network to send Commercial SMS Messages to telephone users. By signing this Code of Conduct, the Customer agrees to be bound by, and to comply with, the terms of this Code of Conduct, Code of Practice and the Terms and Conditions available on the Service Website.

Identification of Customer

1. The Customer shall be identified by the message header (i.e. User ID) which enables the Recipient to identify and contact the Customer.

Recipient Consent

1. The Customer shall not send Commercial SMS Messages to any Recipient unless:

   1. The Recipient has provided the Customer with prior consent to send Commercial SMS Messages; or
   2. The Recipient has a prior commercial relationship with the Customer and would reasonably expect to receive Commercial SMS Messages from the Customer.
2. The Customer hereby accepts to send only one (1) Commercial SMS Message per week to the recipient.
3. In the event of any special campaign being promoted, the Customer shall have the right to send more than one (1) Commercial SMS Message per week up to a maximum of three (3) Commercial SMS Messages per week ONLY with the prior approval and consent from the recipient prior to such a campaign.

Right to ‘Opt-Out’

1. The Customer shall provide the Recipient with an “opt-out” mechanism by which the Recipient can at any stage notify the Customer not to send further Commercial SMS Messages to the Recipient. Such mechanism must be both easy to use and inexpensive.
2. The Customer shall comply as soon as practicable with any notification it receives under section 4.1 and not send further Commercial SMS Messages to the Recipient unless and until the Recipient requests or consents to receiving further Commercial SMS Messages.

Content of SMS Messages

1. The Customer shall not send any Commercial SMS Message which:

   1. is misleading or deceptive.
   2. could infringe a law or regulation (including but not limited to defamation, discrimination, invasion of privacy, harassment, obscenity, infringement of intellectual property rights or breaches of confidentiality);
   3. could reasonably be regarded as offensive to public morals, decency or sensibilities.
   4. threatens the operation and /or security of any computer system, telecommunications network or equipment (including the operation of a mobile handset); or induces an unacceptable sense of fear or anxiety.
   5. is regarded as a chain letter, junk SMS message, spam, or otherwise an unsolicited message (commercial orotherwise).
2. The Customer must ensure possessing all necessary licenses, permits, and other forms of authority and permissions necessary for the delivery of content sent via the Service. Any unauthorized commercial use of the Service is expressly prohibited.

Breaches of Code of Conduct

1. If the Customer breaches any clause of this Code of Conduct, Omantel has the absolute right in its sole discretion to immediately suspend or terminate, without compensation, part or all of its SMS service to the Customer forthwith.
2. Written reasons for such suspension or termination shall be provided promptly to the Customer.

Complaints

1. Should Omantel receive a complaint from any person or body concerning any Commercial SMS Message sent by the Customer, the Customer shall fully co-operate with Omantel to investigate and resolve such complaint without delay. In such an event the Customer shall have to show evidence to Omantel that the recipient meets the requirements of clause 4.
2. Where Omantel believes it appropriate, the Customer shall take full responsibility for managing the response to the complaint. In such circumstances, the Customer shall provide regular updates to Omantel on the status of the complaint and provide such other information concerning the complaint as Omantel may from time to time request.

Changes to Code of Conduct

1. Omantel reserves the right to revise this Code of Conduct from time to time and such revision will come into effect on the date that Omantel issues the Customer with a revised version.

Miscellaneous

1. For the avoidance of doubt, Omantel shall not be monitoring the content of any Commercial SMS Messages sent by the Customer and Omantel shall not be responsible for the content of such messages.

Definitions

“SMS Commercial Message” means a message sent via SMS by or on behalf of the Customer that is designed to promote the sale of or demand for goods or services whether or not it invites or solicits a response from the Recipient. “Recipient” means person who receives a Commercial SMS Message, either intentionally or unintentionally.

“The Customer” means a party which has entered into a commercial arrangement with Omantel for the delivery by Omantel of Commercial SMS Messages to phone users.

“SMS” means ‘short message service’ and refers to the ability to send and receive messages to and from a person’s telephone. The Customer hereby confirms reading, understanding and accepting the Terms & Conditions of this Code of Conduct and that all information provided by the Customer in the application form is true and valid.