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REGUALATIONS ON THE POLICY OF SMS CHARGING SERVICE

ARTICLE 1: TERMS AND DEFINITIONS

-        MO Message (Mobile Originated): The message composed and sent by clients using the Service.

-       MT Message (Mobile Terminated): The message sent via the system of 1PAY to clients. MT Message is defined by Code of Service on each subscription.

-       Data used for charge calculation (CDR):  the service massages of Content Service that Party B sent to clients.

ARTICLE 2: CHARGES

v  Unit price applied to customers, based on the distribution and regulation of MT (VAT included)

First

digit

 

Service

(6xxx, 7xxx, 8xxx)

Receivable

from

clients

Unit price applied for Party A

(Unit Price for Party A (01 free MT ))

Number of MT max exceeded of VNP &

VMS networks

Number of MT max exceeded of VTM network

VTM

VMS network

VNP

VNM

GTM

X0XX

500

150

105

105

60

115

1

1

X1XX

1.000

350

400

400

360

400

2

1

X2XX

2.000

800

800

800

960

900

4

2

X3XX

3.000

1.200

1.200

1.200

1.560

1.350

6

3

X4XX

4.000

1.600

1.600

1.600

2.160

1.800

8

4

X5XX

5.000

2.250

2.250

2.250

2.760

2.500

12

5

X6XX

10.000

4.500

4.500

4.500

5.760

5.000

23

7

X7XX

15.000

6.750

6.750

6.750

8.760

7.500

34

10

 

(The above price may be adjusted during cooperation process as required by telcos)

v Regulation for MT exceeded

-       For each message originated (MO), the content provider shall be free-charged with a mobile terminated (MT). If the number of MT messages exceeds the number of MO messages, Party B shall be extra-charged by network operator as follows:

-       For Viettel network, 100 VND / message exceeded. In case the number of MT exceeded is beyond the normative limit, Party B shall be charged for 600 VND / message exceeded.

-       For MobiFone and VinaPhone networks, for the MT within and beyond the normative limit, Party B shall be extra-charged by the network operator as follows:

-        

No.

Detail

Charge rate

(VAT included)

1

The first MT

Free

2

MT within the normative limit

100 VND / MT

3

MT exceeded normative limit

500 VND / MT (Mobiphone network)

4

MT exceeded normative limit

450 VND / MT (Vinaphone Network)

 

*** For the rest network operator (Vietnamobile) each message shall be charged for 200 VND/MT at maximum.

v  Regulations on other charges and costs incurred

Party A and Party B will share the other charges and costs (if any) (promotional costs of the networks if any, costs of customer care and losses) based on the practical data inventory that Party A sends to Party B monthly.

As a result:

Total revenue for Party A DTA = DT AVTM + DTAVMS  + DTAVNP + DTAVNM+ DTAGTM

In which:

·       Revenue from Viettel Network

DTAVTM = CDRVTM x ĐGVTM A – Charge of MT exceeded the normative limit – Other charges (if any)

·       Revenue from Vinaphone Network

DTAVNP = CDR VNP x ĐGVNP A – Charge of MT exceeded the normative limit – Other charges (if any)

·       Revenue from Mobifone Network

DTAVMS = CDRVMS x ĐGVMS A – Charge of MT exceeded the normative limit – Other charges (if any)

·         Revenue from Vietnamobile Network

DTAVNM = CDR VNM x ĐGVNM– Charge of MT exceeded the normative limit – Other charges (if any)

·       Revenue from Gmobile Network

DTAGTM = CDR GTM x ĐGGTM– Charge of MT exceeded the normative limit – Other charges (if any)

 

ARTICLE 3: REVENUE SHARING

Total revenue that Party B is entitled to is calculated by the following formula

Percentage of loss, promotion (SL)

Total shared revenue from Services during cooperation process (DT)

(VAT excluded)

Revenue that 

Party B is entitled to (DTB)

(VAT excluded)

<3%

DT = DTA /1.1

DTB = TLB * DT *98%

≥ 3%

DT = DTA /1.1

DTB = TLB * DT *(100% -SL)

  In which:

+ DT: the total shared revenue of the Services in the cooperation between the two parties, calculated by the formula above.

+ TLB: the percentage at which Party B is entitled to ; TLB percentage is specified in the table below:

a) Monthly Payment

 

       No.

Total shared revenue from Services

in the cooperation between the two parties (million)

Percentage (%)

(TLB)

1

DT

88%

 

2) 15-day payment term

 

No.

Total shared revenue from Services

in the cooperation between the two parties (million)

Percentage (%)

(TLB)

1

DT

87%

 

In which:

-       The percentage of shared revenue can be adjusted during cooperation process as required by the telcos, or the agreement between the two parties.

 

ARTICLE 4: FEES, CHARGES AND COSTS, APPLICABLE SANCTION

1. Fees, charges and costs

-       Fee for inspection of original command code: 80.000VND/body text of declaration/ whole range of numbers

-       Monthly fee for maintenance of command code: 32.000VND / valid body text/ whole range of numbers

Note: Other charges, fees and costs under the Contract remain unchanged.

2. Regulations of applicable sanction

-       In the process of censoring content, if Party A detects that the partner send false information to clients or non-conformed content as registered scenario, Party A will impose penalty on the partner, which means not to share revenue and may terminate the cooperation contract.

-       For partners who violate the regulations on content for 10 times/ month: Close the service and carry out contract liquidation.

-       Violated contents are specified as prohibited contents such as gambling result prediction, football betting, pornographic images / stories / clips... The key words are prohibited in the codes and the mobile terminal messages as follows: SOICAU, LO, LODE, XOI, SOI, LOC, THAMKHAO,TUVAN, CAU, Cặp số may mắn trong ngày/ tháng, CA CUOC, NONG, HOT, SEX, SEXY, SOCK, SOC, QUAY LEN, CHUP TROM, SHOCK…

3. Regulation of content

General:

-       Party A manages the command code as the scenario declared by the partner; detailed content are under the responsibility and accountability of partner and Party A carries out post-test to compare the original script declared. In case any non-conformance is detected, apply sanctions of not looking up and checking, then terminate the contract for the avoidance of spam or bad content.

-       The content provided by partners shall be legitimate, healthy, does not violate the culture, customs, and the provisions of the law. Any issues arising in relation to the content provided by the partner, the partner assumes all responsibility before the law, public and users.

-       Party A only approves the command code of the detailed script.

-       In case of meeting the requirements of command code declaration, but without specific scripts, Party A may refuse to supply the service or impose penalty of content on the partner.