Campaign Guidance - South Africa - PSMS

South Africa Guidance & Regulations

Please ensure that you review the Waspa Code of Conduct , so that you are familiar with the regulatory requirements in South Africa.
The premium market in South Africa is subject to clear regulations to protect consumers. As a guide and as per section 5.8 of the South Africa Code of Conduct, we kindly remind you that:
  • You should be clear and transparent about the product or service the consumer is about to purchase;
  • You must be upfront and clear about the costs to the consumer before they make a purchase;
  • Consumers should be made aware of exactly how and by what means they will receive the product or service;
  • You need to be very clear about how the consumer can opt-out or otherwise cancel the service or product and receive a refund as appropriate.


Campaign

Always include and be clear about:

  • Pricing information must not be misleading. For one-time transactions, the pricing information must be clearly displayed e.g. "RX once off". 
  • The price must be directly above or below the call to action, e.g. MSISDN entry box and keyword and short code.
  • A clear service description must be included, explaining what the consumer is going to get when they complete a payment.
  • Content services - If the consumer can only access the content via the device that they paid on, this must be made clear on the home page.
  • The customer support number, which must be charged at no more than the basic rate.
  • Any handset compatibility requirements for the service.
  • An indication that network fees may apply.
  • An indication of how billing errors are handled e.g. "Any issues or help with your payment please contact XXXXX".
  • A statement that the service must only be used with the permission of the bill-payer.
  • Full Terms and Conditions link to be available on the home page, this should be detailed and include terms on all aspects of the website including mobile billing and a Privacy Policy.
  • The registered company name of the WASPA member providing the service. Speak with us if you have any issues with this.
The following statement must also be included:
[member name] is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. [member name] may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za


Message Flow

Billed message: You need to include the service name, price and support details, along with the content if this is applicable.

Stop message: This is not required for one-time services however, if you implement a free trial period, then the consumer can be given the option to opt-out during the free trial.

• FreeMsg: You have cancelled [name of service] and will not be charged. Helpline 0******* {no more than national rate}.


Marketing

There are several different marketing methods available in South Africa, however you must ensure that you do not mis-lead consumers, advertise a service using an unrelated banner or state that something is free, when that is not the case. You will need to provide our Compliance Team with information on your marketing plans, along with copies of any banners that you intend to use.
If you plan to use the customer's details to market to them in the future, you must gain permission from the user and ensure that you provide them with a clear and simple method to opt-out.


Customer care / Refund Policy

All service providers must have a detailed Customer Care Process and Refund Policy in place.
You need to ensure that the process is in place for consumers to gain help should they require it, along with a refund policy for those that require one or are eligible for one.
This will be discussed in detail, to ensure that our customer care team can resolve any queries that are received from the networks or regulator.

Question? Speak with our Compliance Team for any advice for this or any other market.