Regulation to protect the rights of users of communications and information technology services and conditions for providing services
Introduction
• The Telecommunications Law issued by Royal Decree No. M/12 dated 12/3/1422 AH aims to regulate the telecommunications sector in accordance with a number of purposes, including the following:
• Providing advanced and adequate communication services at affordable prices.
• Ensure access to public telecommunications networks, devices and services at affordable prices.
• Achieve clarity and transparency in procedures in addition to achieving the principles of equality and non-discrimination.
• Protect the public interest and the interests of users and maintain the confidentiality of communications and information security.
• In order to achieve these objectives, and based on the regulatory tasks assigned to the Authority under the Telecommunications Law and its Implementing Regulations, and the organization of the Communications and Information Technology Commission, and taking into account the needs of the advanced ICT markets in the Kingdom, and after studying international best practices in this field, this document has been issued.
Section I: GeneralArticle I: Definitions
• The terms and terms used in this document shall mean the same meanings as in both the Telecommunications System and its Implementing Regulations when used in this document. Unless the context otherwise requires, the following words and phrases shall have the meanings set forth before them:
• Service/Services: means communications between fixed, mobile or limited mobility devices and equipment, on public telecommunications networks.
• User: A person of a natural or legal nature who uses or requests communications and information technology services.
• Employer from the government sector: A person with legal status from ministries, public bodies and institutions, national councils and centers, etc., that use or request communications and information technology services.
• Business User: A person with legal status from companies, commercial institutions and the like, which use or request communications and information technology services.
• Employer with Disabilities: A person with a normal character who has official proof that they are a person who is incomplete or in stable physical, sensory, mental, communicative, educational or psychological abilities; and who may limit or impede his full and effective use of telecommunications or associated services (such as information), or access to Provider outlets • Service accessible to other non-dis
• Offer: A permanent or temporary offer to subscribe to a particular package or service provided by the service provider including benefits different from those available in other existing packages or products.
• Trial Period: A temporary period granted by the Service Provider to the User (for or free of charge) for the purposes of testing and/or testing its services and products.
• Usage Restrictions: Restrictions or exclusions made by the Service Provider that restrict the consumption of any of the Services, including, for example, restrictions on quantity, time, and speed.
• Subscription Term: means the period of time in which the subscription remains valid for a user in a particular service under the same terms and conditions.
• Insurance Amount: The amount of money requested by the service provider from the user in accordance with the provisions of this policy, in order to ensure his financial right towards the user
• Service Contract: The agreement between the service provider and the user; under which the service is provided, and the terms, obligations and prices of that service are determined, and any amendment thereto; and notarized by any means determined by the Authority.
• Address: The national address of the citizen, resident, or public or private legal person, specified by the concerned authority and entails all the legal effects of the notification, or the address specified by the user in the absence of the national address.
Service Start Date: The date on which the Service Provider completes the establishment and operation of the Service, so that the User can use it.
• Minimum Contract: Minimum time to subscribe to the Service.
• Modifications to the contract are not in the interest of the user: Any amendment that results in reducing, reducing, restricting or preventing the use or obtaining any of the basic or additional features of the services due to the user at the beginning of the service contract, adding any additional obligations to the user, or canceling the basic package of the user.
• Invoice: The document issued by the service provider periodically and regularly every Gregorian month, or as issued by the Authority in this regard, including details of the financial compensation that the service provider requires the user to pay for the service(s) provided to the user.
User Account: An account number assigned by the service provider to the user; to organize the payment of financial dues resulting from the service/services provided to him.
• Periodic Wages: Service/Service Wages that are consistently charged in each billing cycle, regardless of use or not, and only end with termination or cancellation of the Service.
• Non-periodic Wages: Service/service fees that are credited in the invoice according to the use of the service/services, which are not included in the benefits of periodic wages.
• Loyalty Program: Preferential benefits provided by the service provider to their customers.
• Additional Services: A set of optional services or features, which the user may subscribe to in addition to subscribing to a basic package, as they are not offered separately from the service provider as existing services in their own right.
• Individual Services: Services provided by a service provider separately or combined with separate telecommunications services or other products.
• Postpaid (Burred) Service: A service provided by the service provider that enables the user to use for money paid after use based on the periodic invoice issued by the service provider
• Prepaid Service: A service provided by the service provider that the user can use for money paid before providing the service.
• Remaining Balance: means the amount of money remaining in the User’s account after the end of the subscription period, and includes minutes of connection or the amount of data and other unused services remaining after the end of the subscription period.
• Personal Data: Each statement, whatever its source or form, would result in the user’s specific knowledge, or make it directly or indirectly identifiable, including name, ID number, address, contact numbers, license number, personal records and property, bank account number or credit card number, fixed or animated user image, and other data of a personal nature.
• International roaming: A service that enables mobile users to enjoy telecommunications services while visiting other countries, or while traveling by air or sea.
• Credit Limit: The maximum total periodic and non-periodic service/service fees claimed to be paid per billing cycle.
• Emergency services: The numbers determined by the Authority as emergency numbers and allow users to access them at no cost.
• Suspension of Service: Temporary suspension of the service provided to the user, at his request, or suspension by the service provider under the terms of the terms of this service, or under a directive from the Authority to do so. This includes discontinuing the outgoing service; other than contacting emergency services and communication channels with the service provider.
• Cancellation of the Service: Termination of the service provided to the User by terminating the service contract, at his request, terminated by the service provider under the terms of the terms of this service, or terminating it under a directive from the Authority to do so.
• Host Service Provider: means a service provider that owns the communications and information technology network infrastructure on which the service provider relies for the user to provide its services.
• Complaint: The User’s expression of dissatisfaction with the Service Provider and/or any matter relating to one or more of its Services, which are expressed by the User through its transmission for this purpose through one of the available complaints channels.
• Settlement: The amount deducted by the service provider from the amount required to be paid by the user, or returns to the user what was paid as a result of the inability of the service provider to fulfill its obligations or part of them, the failure of the service provider's entitlement to the amount, or for other reasons, whether this is done by the service provider on his own initiative
• Article II: Scope of application of the document
• The provisions of this document apply to all service providers in the Kingdom of Saudi Arabia (Kingdom) licensed by the Communications and Information Technology Commission (CITC), and to all users of their retail services.
The Authority shall conduct the periodic review of this document and shall make any amendment or update thereof by a decision of the Governor.
SECTION II: GENERAL OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider is obligated to enforce the provisions of this document in all its dealings with users of retail telecommunications services. He may not impose or agree, in his service contracts or otherwise, any exceptions to these provisions unless expressly permitted to do so in accordance with the provisions of this document.
• When this document requires the implementation of any written action, it can be implemented electronically or automatically through automated systems, taking into account the laws, regulations and decisions governing electronic transactions and what is issued by the Authority in this regard.
The provisions of this document are without prejudice to the rights of the user and the obligations of the service provider under any other regulations issued by the Authority, and any regulations applied in the Kingdom.
Article 3: Transparency, Accuracy and Accessibility of Information
• The service provider must at all times provide clear, up-to-date and complete information about its retail tariff at all its outlets, on its website, or any other channels it uses. Such information must be fully compatible with that provided in service contracts with the user, as well as with the information provided to the Authority by the service provider either for approval or through tariff notices.
• The Service Provider must publish clear and transparent information about the terms and conditions of any Service Packages it offers; or advertises them, including, as a minimum, the following data:
• Clarify how to subscribe to and cancel the service(s).
• Information on its service delivery outlets.
• Types of calls available in the package (e.g., on-network, offline, or international). And being inside or outside a particular contact group.
• The number of minutes given for each type of call available in the package.
• Types of calls excluded from the package.
• The mechanism of dealing with minutes, the amount of data, or the remaining balance in the package; and the possibility of relaying or taking advantage of them in the future.
• Balance expiration validity, and devalidation mechanism.
• Clarify the number of minutes, the amount of data, and how the balance is used inside or outside peak times (if there is a difference).
• Penal requirements, if any.
• How to provide the service if usage restrictions apply in terms of availability and quality of the service.
• Cases where usage restrictions apply.
Any terms or restrictions of use that affect the use or quality of all or part of the available service.
• The necessary means for the user to enable him to continue and control his use of the Services on an ongoing basis.
• Clarify the mechanism of application of the settlement to the user; in the event that the service provider is unable to meet the quality of service standards approved by the Authority or stipulated in the service contract. - if any -
The service provider must abide by clarity and transparency in displaying the information advertised through all promotional or advertising channels for any packages or offers for its services, and in the event of restrictions, conditions of use or related obligations, they must be referred to in the advertisement; in a way that does not sign the user in confusion or mislead, and the service provider must include those channels.
Article IV – Marketing Communications
• A presenter may not…