END USER SERVICE AGREEMENT

Definition used in this document:
Campaign - set of activities described by Customer and performed by TASIL system meant to deliver Campaign content to the Recipient
Customer - Person or Party which entered commercial agreement with TUATARA to use TASIL service by registering via registration form and accepting End User License
Customer number – unique number of each Customer, can be found in account details on tasil.omantel.om
Recipient - person who’s targeted by Campaign, receiving Campaign Content

1. SERVICE DEFINITION

TASIL is a service provided in partnership by TUATARA BUSINESS SOLUTIONS LLC, Knowledge Oasis Muscat 4, Al-Seeb, Muscat, P.O. Box 63-135 KOM (TUATARA) and Oman Telecommunications Company S.A.O.G. P.O. Box: 789, Postal Code 112 Ruwi Sultanate of Oman (OMANTEL).

Its goal is to create precisely targeted campaigns in multiple channels for the Omani population. It allows sending messages and target them based on data held in 3rd party systems.

Purpose of this document is setting clear rules of service use, Client responsibilities, TASIL staff rules of conduct and responsibilities regarding 3rd party services, such as Bulk SMS service.

By registering and using TASIL service Customer agrees to this document as a whole, including Code of Conduct and Code of Practice.

This version of this document describes beta version of TASIL service and can be changed any time with subsequent notification to TASIL Customers. By continuing using TASIL service after the EUSA document was changed Client agrees to new rules and conditions.

The client is responsible for each campaign he created and is required to be in possession of relevant permits, licenses or other forms of authority permissions necessary.

2. Targeting

By creating campaign Client can use multiple filters narrowing campaign to his target group, related to his product or contents of message sent tor displayed.

Data used in targeting campaigns is not transmitted outside of systems of governing company. No TASIL system stores any of personal information, in exception of personal data provided by customers during registering to TASIL service and using TASIL service.

3. Campaign Creation

Customer can create number of Campaigns setting their volume, filters, channel of use, date of start and end and campaign content.

Customer is obligated to create possibility to recipients to easily opt-out from Customer’s campaigns without any additional cost. Therefore Customer should manage lists of MSISDN’s (phone numbers) of people he has relation with, which don’t want to receive messages and use them during campaign creation with blacklist feature. Customer should include recipient in blacklist as soon as possible after receiving such request.

4. Campaign content

Content of each and every campaign will be moderated by TASIL moderator. However, sole responsibility for campaign content lies on Customer, including misspelling and wording errors.

Campaigns using SMS service should be created in accordance with Code of Conduct and Code of Practice.

In addition, Client is forbidden to create campaigns:

  • Containing vulgar, obscene or offensive language
  • Containing direct or undirect references to alcohol, drugs and other illegal substances, sex, violence, racism or hate
  • Promoting or inciting terrorism, misuse of weapons and other criminal actions
  • Could reasonably be regarded as offensive to public morals, decency or sensibilities
  • Misleading, deceptive, threatening or disgusting
  • Threatening operation of any device or computer system
  • Disregarding or not taking care of social values or human dignity
  • Inducing or promote racial or religious offence
  • Offending political, religious or social beliefs of any group or individuals
  • Containing personal information of any person without having their explicit consent
  • Involving any information which is likely to alarm any child or young person, or any mentally disordered, mentally handicapped or dependent otherwise person
  • Suggesting, convincing, describing defamation, misrepresentation, breach of confidence or breach of copyright
  • Negatively affecting TUATARA or OMANTEL business, in particular: containing advertisement of telecommunications services of 3rd party or criticizing or calumniating the products or activities of OMANTEL, TUATARA or any other entity or company.
  • Infringing any laws (including intellectual property laws)
  • Using 3rd party name or branding without prior written consent
  • Using personal data of any person without prior written consent

Parties creating campaigns for fund raising or charity requires prior approval from the governmental organization concerned.

Campaigns infringing those rules will be rejected by TASIL moderator.

TUATARA may stop, suspend or delete any Campaign failing to comply with regulations.

TASIL moderator’s decision regarding Campaign content is final.

5.Moderation

Moderation of campaign will be performed 8:00-16:00, Sunday to Thursday, excluding national holidays. Moderation of campaign can take up to two working days.

If TUATARA or OMANTEL will receive any complaint from any person, group, company or body concerning any Campaign created by Customer, customer is obligated to fully cooperate with TUATARA and OMANTEL to pass any Information regarding Campaign and to find resolution without delay.

Customers creating campaigns violating rules described in section 4 can be suspended or their account can be deleted without return of funds. In such event email will be sent to Customer explaining reasons of such decision and allowing to dispute with TASIL staff, however if Customer and TASIL administrator will not come up to successful solution TASIL administrator decision is final.

Rules of using certain channels (i.e. SMS) are set by companies operating those channels:

Communication Channel Service provider Rules described in:
SMS Oman Telecommunications
Company
Code of Conduct
Code of Practice

Technical compliance with rules set by service providers (i.e regarding no. of SMS messages that can be sent to one Recipient) are managed by TASIL service.

6. Campaign execution

Campaigns accepted by Moderator will be executed in real-time way. This means that as soon all campaigns condition (described by filters) are met communication set in campaign is performed, i.e.: content of SMS message is sent to the matching recipient.

Targeting of campaigns performed by TASIL is made with best possessed knowledge.

7. Billing

Each campaign created has maximal budget Client is willing to spend for it. As campaigns are performed in real-time exact number of messages sent and funds required is unknown till end of the campaign, however it will never exceed campaign maximum budget set by the Customer.

To send campaign to moderation customer need to recharge his Account with funds. Each campaign sent to moderation locks certain amount of funds equal to maximal campaign value (set budget).

If all funds locked for campaign are not used (budget of campaign is not consumed) they return to user Account to be used in next campaign.

All funds on Customer Accounts are non-refundable and can be used only for performing Campaigns in TASIL service. Funds transferred by customer to his TASIL account are valid for 36 months, after this time will be deleted.

TASIL supports credit card, debit cart and wire transfer payments.

To use credit or debit card Customer should click his billing details, use “Top-up” button and choose required payment option. After credit or debit card was chosen Customer should follow steps of payments process described on the screen.

To top-up Tasil Account with wire transfer Customer should send it to account number:

AHLI BANK SAOG, Muscat
SULTANATE OF OMAN
IBAN ACCOUNT NO: OM4101053619003
SWIFT: AUBOOMRUALH

For recognition of the payment in the title of the wire transfer Customer should use his TASIL username (his email).

8. Pricelist

SMS channel

Cost of SMS Campaign depends of number of SMS sent and filters used.

TASIL Pricing Filters
Package (No of SMS) 0 1 2 3 4 5 6
1 9 11,33333 13 14,33333 16 17,33333 19
3 27 34 39 43 48 52 57
5 45 55 64 74 83 92 102
10 85 99 118 136 156 174 193
15 120 145 169 193 219 242 267
25 188 225 262 299 338 373 412
50 338 410 480 549 622 689 761
100 600 729 850 969 1097 1212 1380
200 1050 1269 1474 1675 1890 2085 2298
500 2250 2749 3217 3674 4164 4607 5092
1000 3750 4599 5395 6173 7006 7759 8584
2500 8650 10467 12283 13840 15570 16868 18511
5000 16700 20207 23714 26720 30060 32565 35738
7000 21700 26257 30814 34720 39060 42315 46438

TASIL is charging Customer price on nearest, smaller package comparing to number messages sent in campaign, i.e: if campaign is set up a to send 12 thousand messages using 2 filters. The price will therefore be: 12 x 11.8 R.O. = 141.6 R.O. For 12 thousand SMSes we use row 3 (10) and column 3 (2 filters) and recalculate price of campaign.

1 SMS message is 160 characters, or 70 characters in Arabic (unicode)

Additionally, there are Segments that can be used in campaigns. Price for using Segments is charged on top of bulk SMS sending and filters used.

The price for sending messages to Segments is described in Campaign Creator of TASIL system, and, considering their dynamic changes (as they are calculated using behavioural data) will also be changed according to latest findings.

9. Opt-out

To comply with TRA regulations and applicable law mobile subscribers have right to opt-out from TASIL communication from certain advertisers. To allow this each message will be ended with advice “To optout: https://tasil.omantel.om/opt-out/TOKEN” where “TOKEN” will be a set of unique, alphanumeric characters. Advice sending is free of charge, user pays only for advertising message. The link is valid for 24 hours.

10. Contact and complaints

If any problems emerge please contact us at support@tasil.omantel.om

Code of Conduct

Oman Telecommunications Company © 2015

1. General

1.1 Oman Telecommunications Company © 2013 standard terms and conditions of service shall apply to the customer.

2. Application & Purpose

2.1 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.

2.2 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.

3. Identification of Customer

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

4. Recipient Consent

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

  • The Recipient has provided the Customer with prior consent to send Commercial SMS Messages; or
  • The Recipient has a prior commercial relationship with the Customer and would reasonably expect to receive Commercial SMS Messages from the Customer.

4.2 The Customer hereby accepts to send only one (1) Commercial SMS Message per campaign per week to the recipient.

4.3 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 such a campaign.

5. Right to ‘Opt-Out’

The Customer shall give SMS recipients the option to opt-out from Customer’s campaigns without any additional cost to the recipient and the request to opt-out should be addressed immediately. For this purpose, Customer shall create and manage a list of MSISDN’s (phone numbers) of those recipients who opted-out from Customer campaign using the blacklist feature. The Customer shall keep the blacklist up to date by added recipient to the list immediately upon receiving recipient’s request.

6. Content of SMS Messages

6.1 The Customer shall not send any Commercial SMS Message which:

  • is misleading or deceptive.
  • 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);
  • could reasonably be regarded as offensive to public morals, decency or sensibilities.
  • 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.
  • is regarded as a chain letter, junk SMS message, spam, or otherwise an unsolicited message (commercial or otherwise).

6.2 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.

7. Breaches of Code of Conduct

7.1 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.

7.2 Written reasons for such suspension or termination shall be provided promptly to the Customer.

8. Complaints

8.1 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.

8.2 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.

9. Changes to Code of Conduct

9.1 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.

10. Miscellaneous

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.

11. 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.

Code of Practice

1. General

1.1 Oman Telecommunications Company © 2013 standard terms and conditions of service shall apply to the Customer.

2. Application & Purpose

2.1 The purpose of this Code of Practice is to ensure that all Bulk SMS Information Content by the Customer (whether actually produced by themselves or not), agree with the Code of Practice guidelines and Terms and Conditions of the Sultanate of Oman Ministry of Heritage and Culture (MOHC).

2.2 The Customer shall ensure that before service is provided, all proprietary interests, rights, authorizations, licenses, consents and permission, including any intellectual property rights, have been obtained, and all such requirements of law complied with as may be necessary to enable service to be made available.

2.3 This Code of Practice applies to all corporate customers of OMANTEL using OMANTEL’s network to send Commercial SMS Messages to mobile phone users. By signing this Code of Practice, the Customer agrees to be bound by, and to comply with, the terms of this Code of Practice, Code of Conduct and the Terms and Conditions available on the Service Website.

3. Delivery Standards

3.1 The Customer shall be responsible for the preparation and recording of all messages, and shall be solely responsible for the content of the messages.

4. Message Standards

4.1 All Services

  • All messages shall comply with the laws, rules and regulations of MOHC.
  • Messages shall not exploit any characteristic or circumstance, which may make consumers or OMANTEL’s subscribers vulnerable.
  • Messages of an explicitly or implicitly vulgar and/or unsuitable nature are not permitted.
  • Messages shall not suggest, encourage or incite any person to use harmful substances or engage in dangerous practices.
  • No message shall be transmitted, which could give grounds for action for defamation, misrepresentation, breach of confidence or breach of copyright or is otherwise offensive to the public.
  • Messages shall be accurate and shall not be designed to mislead or misrepresent. Topical messages or programs shall be kept up to date.
  • Messages that communicate words, which promote or incite terrorism, the misuse of weapons, or encourage or incite a person to commit a criminal offence, are prohibited.
  • Messages shall not criticize or denigrate the products or activities of OMANTEL or any other entity or company.
  • Any message whose purpose either directly or indirectly is to promote the sales of goods or services shall comply with the applicable Code of Advertising Standards.

4.2 Adult Services

Messages which may be considered as unsuitable for a general audience including children shall not be offered on SMS.

4.3 Professional Services

  • Messages containing professional services such as financial, legal, medical, or dental services shall state at the beginning of the message the sources of the information and the professional/legal standing of the service.
  • Messages containing professional services such as financial, legal, medical or dental services shall comply with the regulations of the appropriate competent agencies.

4.4 Children, Youngsters and Other Dependent Persons Services

Messages designed for, either wholly or in part, aimed at an audience of children shall not include:

  • References to obscene practices of which, in the opinion of OMANTEL and MOHC, reasonable parents would not wish their child to know about; or
  • Language that in the opinion of OMANTELand MOHC, reasonable public would not wish their child to hear.
  • Messages shall not involve any information which is likely to alarm any child or young person, or any mentally disordered or mentally handicapped person, or any other dependent person, having regard to special protection for such persons.

4.5 Religious Services

  • Messages shall pay due regard to social values and human dignity and not be of a kind that might induce or promote racial or religious offence.
  • Messages which reflect a particular religious or ethical viewpoint, must not offend the sensibilities of those who hold different beliefs or opinion.

4.6 Charities Services

Messages for the purpose of fund raising for charity must obtain prior approval from the governmental organization concerned. The percentage of fund raised going to the charity must be stated clearly in the advertisement by the Customer.

5. 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 Practice and that all information provided by the Customer in the application form is true and valid.

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