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DoT: OSP Compliance for BPO or Call Center
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Ozg Team conducts following independent assessments of an organization’s tech infrastructure to establish if existing controls/processes meet management objectives and to demonstrate controls to customers and their auditors through reporting and integrated requirements.
1. Telecom Compliance Advisory Services.2. Enterprise Voice & Unified Communications Design Review - Voice, Data & Network.3. Cloud and Foreign EPABX.4. Data Privacy Regulations.5. Telecom Compliance Solution Recommendations.6. OSP Intimation Services.7. Work from Home (WFH).8. Regulatory Updates.9. CRM Audit Services.10. Telecom Service Provider - Audit Services.11. DoT Audit Support Services.12. WPC compliance.
OSP Advisory Team
Website: ospcompliance.com
24/7 Support # 8779696580
Police Raid in Call Center & BPO
Take a wiser decision today to safeguard your biz, get an annual subscription with 24/7 support on OSPcompliance.com
📲
Ozg Team conducts following independent assessments of an organization’s tech infrastructure to establish if existing controls/processes meet management objectives and to demonstrate controls to customers and their auditors through reporting and integrated requirements.
1. Telecom Compliance Advisory Services.2. Enterprise Voice & Unified Communications Design Review - Voice, Data & Network.3. Cloud and Foreign EPABX.4. Data Privacy Regulations.5. Telecom Compliance Solution Recommendations.6. OSP Intimation Services.7. Work from Home (WFH).8. Regulatory Updates.9. CRM Audit Services.10. Telecom Service Provider - Audit Services.11. DoT Audit Support Services.12. WPC compliance.
OSP Advisory Team
Website: ospcompliance.com
24/7 Support # 8779696580
is your call center osp compliant?
Get #OSPcompliance subscription for your BPO or #CallCenter to avoid any incidental risk or legal trouble.
Osp Compliance Solutions
Outsourcing IT solutions have evolved into a big industry, and outsource service providers (OSPs) are having a greater impact on their clients’ internal control frameworks. As the role of OSPs continues to grow, the need for comprehensive compliance reporting grows with it. Ozg assessments can provide an OSP’s management with the insight and tools needed to address compliance requirements. For SME to large corporation, a thoughtful approach to assurance can save time and money, which can lead to more satisfied clients and prospects.
A multi-directional approach is required to manage these complex relationships because of the global nature, risks, and industry regulations associated with outsourcing. Ozg legal compliance reporting can help OSPs clearly define, assess, and communicate their approach and control environment to their clients. Since the circumstances around each OSP relationship are unique, a leading OSP process leverages a tailored reporting approach that uses multiple reporting methods. By taking the necessary steps to identify the need for our assurance reporting and the appropriate reporting type, the OSP (and the associated users) can determine whether their risk and compliance needs are addressed.
Ozg Team conducts following independent assessments of an organization’s tech infrastructure to establish if existing controls/processes meet management objectives and to demonstrate controls to customers and their auditors through reporting and integrated requirements.
1. Telecom Compliance Advisory Services.
2. Enterprise Voice & Unified Communications Design Review - Voice, Data & Network.
3. Cloud and Foreign EPABX.
4. Data Privacy Regulations.
5. Telecom Compliance Solution Recommendations.
6. OSP Intimation Services.
7. Work from Home (WFH).
8. Regulatory Updates.
9. CRM Audit Services.
10. Telecom Service Provider - Audit Services.
11. DoT Audit Support Services.
12. WPC compliance.
OSP Advisory Team
Website: ospcompliance.com
24/7 Support # 8779696580
Work from Home License & OSP Registration - COVID19: Corona Virus Notification by DoT
Circular no. 18-5/2015-CS-1(Pt.) issued by DoT on 13/March/2020.
In the context of Corona Virus Disease, DoT has decided to grant the following relaxation for a period up to 30/April/2020 in the terms and conditions for OSPs issued vide letter no. 18-5/2009-CS-1 dated 7/Oct/2011 in respect to Work from Home (WFH) facility.
1. The requirement of security deposit and agreement for work from home facility for OSPs is exempted.
2. The requirement of authorized service providers provisioned secured VPN is exempted. During this period, the OSPs are permitted to use secured VPN configured using 'Static IP' address by themselves for interaction between home agent position and OSP center with pre-defined locations. In this regard, the agents at home shall be treated as Extended Agent Position of OSP.
3. The requirement of seeking prior permission for work from home facility is exempted. The OSPs are now required to provide prior intimation to the respective LSA field units of DoT before starting work from home facility. While intimating the field units, the OSPs shall submit the complete details for 'Extended Agent Positions' i.e. name, physical address and static IP address assigned thereto. The CDRs / call logs shall be maintained by OSPs for one year as per existing guidelines.
4. In case of violation of terms and conditions of work from home facility by any agent or employee and/or by OSP during this period, the OSP shall be subjected to a penalty up to ₹5,00000 per work from home location which is in violation. In addition to above, the OSP registration is also liable to be cancelled.
OSP / VPN Network
DoT License & Compliance Advisory
Procedure to cancel OSP License
How to cancel OSP License?
Ozg Law @ Ozg
Law @ Ozg Law @ Ozg Law @ Ozg Law @ Ozg Law @ Ozg Law
@ Ozg Law
Reasons:
OSP registration or license is issued for company’s premises and it is valid
for 20 years as long as regular compliance has been done. There can be various
reasons for seeking cancellation of OSP registration.
1. Change
in Business Operations of company.
2. Merger
of company
3. Suo
moto cancellation
4. Any
other reason
Procedure:
The Ministry of Communication, Department of Telecommunication
(DoT) with a view to ensure Ease of Doing Business, in an Instruction dated
15th November 2018, had announced the launch of a web based portal ‘SARAL
SANCHAR’ to simplify the old system. It offers a fully paperless filing
platform for OSP license and compliance. To get cancel your OSP registration or
license, please follow the instructions as mentioned below:
1. One Time user registration must be completed on SARAL Sanchar Portal to create Login/Password, if not done earlier.
2. Applicants with Old Registrations will be able to see their Registration details of all old registrations in new portal at www.saralsanchar.gov.in by creating their Log-in ID on the Saral Sanchar portal by following the procedure mentioned there.
3. After logging in the Saral Sanchar Portal, the applicant will be able to update the changes or intimate the closure or shifting of company premises which have been registered.
4. All documents should be digitally signed by applicant. You will not be able to upload any digitally unsigned documents at portal.
Fees:
No Fees for cancellation of OSP Registration need to be paid.
List of documents required:
Company’s who received OSP Registration prior to 15 November 2018,
first need to migrate OSP Registration. After migration they can apply for
Cancellation.
1. Covering letter mentioning the reason
for cancellation
2. Board Resolution
3. Letter of Authority
OSP Compliance Consultant
DoT compliance lawyers
in Mumbai / Bangalore / Hyderabad / Kolkata / Pune
Email:
ask@osplicense.com
Migration of OSP License - Network Compliance Consultant - DoT Registered
The Ministry of
Communication, Department of Telecommunication (DoT) with a view to ensure Ease of Doing Business, in an
Instruction dated 15th November
2018, had announced the launch of a web based portal ‘SARAL SANCHAR’
to simplify the old system. It offers a fully paperless filing platform for OSP
license and compliance.
Going forward, DoT by a
Circular dated 31st May 2019 has directed all the existing users who are still
registered on the old portal to migrate their registrations to the SARAL
SANCHAR Portal with no additional fees as per the instruction as follows:
1. One Time user registration must be completed on SARAL
Sanchar Portal to create Login/Password, if not done earlier.
2. Applicants with Old Registrations will be able to see their Registration details of all old registrations in new portal at www.saralsanchar.gov.in by creating their Log-in ID on the Saral Sanchar portal by following the procedure mentioned there.
3. After logging in the Saral Sanchar Portal, the applicant will be able to migrate Registrations under the tab “OSP Migration Application”.
4. All documents should be digitally signed by applicant. You will not be able to upload any digitally unsigned documents at portal.
2. Applicants with Old Registrations will be able to see their Registration details of all old registrations in new portal at www.saralsanchar.gov.in by creating their Log-in ID on the Saral Sanchar portal by following the procedure mentioned there.
3. After logging in the Saral Sanchar Portal, the applicant will be able to migrate Registrations under the tab “OSP Migration Application”.
4. All documents should be digitally signed by applicant. You will not be able to upload any digitally unsigned documents at portal.
Please, note there is no deadline provided for migration
of OSP license, but old license and approved network diagram will be effectively
invalid until it is approved again at Saral Sanchar portal.
OSP Compliance Consultant
DoT OSP License & Compliance Consultant in Mumbai / Bangalore /
Hyderabad
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Email: ask@osplicense.com
Hosted Call Center with DoT License in Mumbai
Traditionally, call center customer service solutions has been equated with voice interactions. But, as time progressed, the customers have moved on from only voice calls to other mode of communication. With Ozg hosted solutions the agents can place outgoing calls, handle incoming calls, track key call center metrics, perform workforce management and upload automated scripts.
The customers are no more dependent on just one channel to reach the customer support. There are plenty of options available – live chat, social media, email among others. Having a multi channel software ensures customer satisfaction and improve the level of customer engagement.
Best features that are required in a call center are:
1. ACD for smart routing
2. Auto Dialer
3. IVR System
4. Integration Capabilities
5. Call Recording
6. Monitoring Tools
Benefits of Ozg Hosted Solutions for Call Center:
1. Cost Effective - You do not need to own or purchase the costly ACD, IVRS, Dialer, Data Servers, software license etc.
2. Cloud Telephony - Integration of Applications & CRM connectivity.
3. Hassle free Operation & Control – All network equipments for processing of voice calls , agents routing, campaign, lead management, skill based routing etc are maintained and handled by specialized manpower at a single point.
4. Scalable Solution on Demand - Based on the agents requirements, customer base, product reach etc. new OSP, agent seats, data centers etc. may be added or reduced.
5. 24 hrs support.
This is observed that due to lack of information, the large no. of call centers are not registered yet with DoT and do not possess an OSP license. They are operating at risk of huge financial penalty and it can be sealed at anytime by telecom enforcement directorate.
Checklist for OSP License:
- Address Proof / PAN card of the company.
- COI of the company.
- MOA and AOA of the company.
- Board resolution that authorizes an authorized signatory.
- List of the directors of the company.
- A note specifying the nature of the OSP.
- The shareholding pattern of the company.
- Network Diagram with additional declarations depending on case to case.
Filing online on the Saral Sanchar portal:
Ozg offers 24 hrs support for all sorts of tech documentation including DoT compliance filing. Any call center can apply at DoT portal by-self and track the status of application.
OSP Compliance Consultant
DoT OSP Consultant in Mumbai / Bangalore / Hyderabad
Ozg Law ~ Ozg Law ~ Ozg Law ~ Ozg Law
Ozg Law ~ Ozg Law ~ Ozg Law ~ Ozg Law
Email: ask@osplicense.com
Why commercial use of WhatsApp / Skype / Foreign VoIP is not allowed for Startup without OSP License & Compliance?
Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers @ Ozg
Lawyers
Some new born Startups proposed
that the contact center be run over a cloud-hosted telephony system. As per
their model, calls would be generated from abroad, sent to a Cloud Hosted Automatic
Call Distribution System (ACD) which would also be based abroad, and then
routed over to the India-based contact center. Agents sitting in the contact
center would connect to the ACD accounts to receive and make calls. The
argument fundamentally was that, since there is no PSTN anywhere in the whole
setup, and the whole contact center has no possibility of PSTN-VOIP merging,
the contact center would legally comply with OSP norms.
DoT guidelines explicitly
state that Voice traffic must be routed through MPLS, Point to Point link or
PSTN path only. In India, carrying voice over the Internet for commercial use
is not allowed. There are any number of reasons for this, but the salients ones
are:
·
The Voice managing server is
outside India, so DoT and security agencies become worried about getting access
to the ACDs and the CDRs and system logs.
·
Additionally, from a security
point of view, in this model, it becomes far more difficult to capture and
decrypt voice conversations.
Note that one of the key
defining requirements for OSP approval is that national security requirements
be maintained — and this variant of the cloud-hosted model clearly fails that
requirement. DoT does not approve these kinds of architectures. All OSPs will
need to take the connection from India based authorized VoIP service providers
only.
Finally, when we see
the Clarification Terms and Condition for OSP dated №18–1/2009-CS-1
Dated: the 25th February, 2009, issued by the DoT, it explicitly mentions
that “use of Foreign VoIP minutes by OSPs is not permissible”.
In short, our advice to all
OSPs that intend to use cloud-hosted systems in this fashion is simple — avoid,
avoid, avoid! Remember the cost of compliance may seem high, but it is far
lower than the cost of being caught in non-compliance.
OSP Compliance Consultant
DoT OSP Compliance Consultant in Mumbai / Bangalore /
Hyderabad
Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers
Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers
Email: ask@osplicense.com
M2M License & IoT Network Consultant - Ozg India
M2M & IoT Network
DoT License & Compliance Advisory
Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers
All existing telecom service providers can be allowed to provide Machine-to-Machine (M2M) or IoT solutions within their specified circle of operations as per telecom regulator TRAI recommendations. License holders can use existing spectrum to provide IoT services while TRAI is also considering de-licensing spectrum under the 867-868 MHz, 915-935 MHz and 57-64 GHz bands for M2M and IoT.
The regulator has also put forward recommendations on SIM roaming, Quality of Service levels, privacy, security, and other aspects of IoT/M2M. Below is a lowdown of the recommendations. Please, note that these recommendations will be reviewed and approved by the Department of Telecommunications (DoT).
- DoT license holders including VNOs: Like pointed out above all basic service (data, voice) licensees, Virtual Network Operators (VNOs), and ISPs are allowed to provide M2M service in India “including on unlicensed band, within the area of their existing authorizations, barring M2M cellular services.”
- Critical IoT/M2M services should be provided under licensed spectrum: The government, through DoT, should identify critical services and differentiate them from non-critical services, the regulator said. IoT and M2M applications in healthcare, remote surgery, driverless cars etc. require high QoS, ultra reliability, very low latency, very high availability and accountability. Therefore, these critical services should be provided only by “robust wired optical fiber, copper network or LTE capable access networks.”
- Each sector can have its own IoT regulations: IoT and M2M services are still at a very nascent stage in India. Industry regulators (apart from TRAI) like Central Drug Standards Control Organization, National Highways Authority of India, Inland Waterways Authority of India, Central Electricity Regulatory Commission, etc. and Ministry of Law and Justice can constitute their own regulations and policies regarding M2M and IoT solutions.
- New M2M Service Providers (MSP) category: An IoT or M2M service provider can also be a telecom service provider and could also provide services for both enterprises and home users. TRAI wants M2M / IoT providers to identify themselves as an MSP legally. Because some telecom providers might also provide tele-banking, e-commerce, call center hosting, vehicle tracking, etc. but these will be classified under Other Service Providers (OSP) list.

- Exclusive guidelines for M2M Service Provider (MSP) Registration should be issued. MSPs should also provide details of the connectivity provider who would be providing connectivity to their M2M application.
2) Security and Privacy -
- “Security by design” principle: TRAI calls upon the government (DoT) to create fresh guidelines for manufacturing and importing of M2M / IoT devices to India. These guidelines should look “the amount and sensitivity of data collected and the costs of remedying the security vulnerabilities.” At the same time, “low-risk” IoT devices (like LED bulbs) need not be burdened with too much regulation, so the government could look at creating a “graded” level of security certification for devices.
- Standards for IoT and M2M systems: Since most of the M2M applications “would be operating in (an) unlicensed band, the government should issue specific standards for devices to be used in the M2M ecosystem, in line with international standards organizations.”. For this, the regulator suggests setting up an independent IoT/M2M certification body which certifies both hardware and software segments.
- Special Security recommendation for North Eastern and J&K: “Suitable security mechanism similar to the existing mobile networks shall be put in place by the DoT for the Border States like J&K and NE areas, if deemed fit.”
3) Entry Fee, Bank Guarantee, Network requirements etc. for M2M and IoT license:
Existing and new operators can get licenses from the DoT under different categories including:
-UL (M2M) Category ‘A’ for National area
-UL (M2M) Category ‘B’ for Telecom circle/ Metro area
-UL (M2M) Category ‘C’ for city bases coverage
4) Spectrum availability, usage and SIM requirements:
- Spectrum allocation should be technology and service neutral: No separate spectrum band should be allocated exclusively for M2M services.
- Requirement of fresh spectrum: Requirement of additional licensed spectrum for access services to meet the projected influx of connected devices due to M2M communication will be revisited by the Authority after 2019.“ licensed spectrum available with the telecom service providers as on date as well as the spectrum likely to be made available in the near future is sufficient” to meet spectrum requirements for IoT and M2M.
- Imported SIM cards can be allowed for M2M / IoT: “It should not be mandatory to use only domestically manufactured SIMs in M2M. Embedded SIMs with standard specifications can be imported and relevant information shall be submitted by importer while import of the devices/SIMs.”
5) Roaming and sharing arrangements:
- National roaming for M2M/ IoT shall be under forbearance and the rates can be set under current Telecom Tariff Orders (TTOs) for access service (voice/data) license holders, TRAI said. TRAI, however, added that it will review and issue separate Telecom Tariff Orders (TTOs) for M2M and IoT providers “at an appropriate time in future, if deemed fit.”
- Sharing arrangements: Telecom service providers (who want to provide IoT/M2M) can separately enter into commercial agreements to meet their roaming requirements for subscribers within India and outside India.
DoT License & Compliance Advisory
Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers
What is the process to get DoT / OSP License?
In order to obtain the OSP License in India following are the steps which are needed to complete.
Step1: Gathering Documents of Company Incorporation - Only Pvt Ltd / LLP and Ltd Co. allowed.
DoT / M2M / VNO / OSP License / Compliance Consultants in Mumbai
Step2: The second step is to organize following documents for the upload:
- Address Proof / PAN card of the company.
- COI of the company.
- MOA and AOA of the company.
- Board resolution that authorizes an authorized signatory.
- List of the directors of the company.
- A note specifying the nature of the OSP
- The shareholding pattern of the company.
- Network Diagram with declaration.
Step3: Filing online on the Saral Sanchar website/ portal.
Ozg Lawyers @ Ozg Lawyers @ Ozg Lawyers
Email: ask@osplicense.com
WhatsApp Group: OSP Network / ISP / VNO / VoIP / AudioText / DoT Unified License Consultant
It is observed that most of DoT / OSP / ISP / VNO / VoIP / AudioText / Unified License applications of Startup has been rejected by DoT due to variety of reasons incl. unclear documentation etc. Contact us for new or rejected DoT cases. Email or WhatsApp 24x7 to Ozg for more information.
Telemarketer TRAI Registration Agreement Deposit Format - Airtel, Jio, Vodafone, Idea
Agreement between Access Provider and Telemarketer
This Agreement is executed on the __________ day of .................., 20......
between......................................................(Name of Originating Access
Provider) having its office at ..............................(hereinafter referred to as the
“Originating Access Provider” or the first party, which term shall include its
successors and assignees), through ...............................(Name and
designation) who is duly authorised to sign and execute the present agreement
on behalf of the first party
AND
M/s ............................(Name of Telemarketer) having its office at
................................(hereinafter referred to as the “telemarketer or the second
party, which expression shall include all its executors, administrators, successors,
assignees and legal representatives), through Shri/Ms/Smt----------
------------(Give name and designation)_who has been duly authorized to sign
and execute the present agreement on behalf of the second party.
Whereas the second party intending to obtain telecom resources for the
purposes of carrying out telemarketing services has approached
M/s.......................(name of the Originating Access Provider);
Now the present agreement witnesses as follows: -
(1) The second party hereby declare that it has registered as a telemarketer with the Telecom Regulatory Authority of India vide application No.................and the registration number granted by TRAI to it is _________________. (2) The telemarketer shall be responsible for any misuse of telecom resources allotted it for the purposes of telemarketing. (3) The telemarketer shall maintain complete confidentiality of the data downloaded from the National Customer Preference Register for the purposes of telemarketing. (4) The telemarketer has agreed to make all necessary arrangements to download the data from the National Customer Preference Register website and update its Customer Preference data base in accordance with the procedure specified in the Schedule-II to the Telecom Commercial Communication Customer Preference Regulations 2010. (5) The telemarketer has agreed that before sending any SMS or making a telemarketing call to a telecom subscriber, he shall scrub the telephone number of such subscriber with the data base received from the National Customer Preference register in the manner as specified in the Schedule- II of these regulations. In case, the telemarketer fails to follow the scrubbing process, telecom resources allotted to him shall be disconnected by the Access Provider from whom the telemarketer has taken the telecom resource for the purpose of telemarketing and his name shall be entered into the black list maintained by the agency maintaining the National Telemarketer Register for a period of two years. (6) The telemarketer shall use alpha-numeric identifier for sending commercial communication in the format having nine alpha numeric characters, first alpha numeric character being code of Access provider and the second alpha numeric character being code of service area, as provided under the direction dated 10th December, 2008 issued by TRAI. The third alpha numeric character will be dash(-) and the fourth being any single digit (1-7) with each digit indicating a specific category of SMS as per schedule-I of the regulations and last five characters being five digit unique identification code provided by respective Access Provider to the telemarketer e.g XY-5ZZZZZ, where X stands for code allotted to Access provider, Y stands for service area, 5 indicates that this SMS belongs to consumer goods and automobiles category and ZZZZZ indicates five digit unique identification code allotted to telemarketer by the Access Provider. (7) The telemarketer also agrees that the telemarketing calls to the subscriber whose telephone number does not appear in the National Customer Preference Register shall be sent only between 0900 Hrs to 2100 Hrs. The telemarketer also undertake not to send any commercial communication between 2100 Hrs to 900 hrs to any subscriber irrespective of the fact that such subscriber is registered on NCPR or not.
(8) The second party has agreed not to sent commercial communications to any subscriber whose telephone number appears on the National Customer Preference Register, except for sending SMS in respect of categories of preference opted by the customer. (9) The second party has agreed to deposit with the Originating Access Provider an amount of rupees Fifty Thousand only (Rs.50,000/-) as refundable security deposit. Telemarketer also undertakes to deposit additional security deposit as specified in this agreement. The Originating Access provider shall be entitled to deduct from such security deposit, on issue of each notice for sending unsolicited commercial communication by the telemarketer, an amount as provided under this agreement. (10) The second party makes any unsolicited commercial communication, through the telecom resources allotted to it by the first party, to any subscriber whose telephone number appears in the National Customer Preference Register, the second party agrees that – (a) on the issue of first notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees twenty five thousand only (Rs. 25000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (b) on the issue of second notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees seventy five thousand only (Rs. 75000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (c) on the issue of third notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees eighty thousand only (Rs. 80000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (d) on the issue of fourth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees one lakh twenty thousand only (Rs. 120,000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (e) on the issue of fifth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees one lakh fifty thousand only (Rs. 150,000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (f) on the issue of sixth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees two lakh fifty thousand only (Rs. 250,000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (11) The second party has agreed that on issue of first notice by the Access Provider to the telemarketer for sending unsolicited commercial communication to the subscriber whose telephone number appears in the National Customer Preference Register, the telemarketer shall deposit additional security amount of rupees two lakh only (Rs. 2,00,000/-) and on issue of third notice by the Access Provider to the telemarketer for sending similar unsolicited commercial communication, the telemarketer shall deposit an additional security of amount of rupees four lakh only (Rs. 4,00,000/-). (12) The second party has agreed that in case the telemarketer fails to deposit the additional security deposit or no amount is available in the security deposit of the telemarketer due to deductions made under clauses (10) of this Agreement, the telecom resources allotted to the telemarketer for the purposes of telemarketing shall be disconnected and the name of telemarketer shall be intimated by the Access Provider to the agency maintaining the National Telemarketer Register for entering the name of such telemarketer in the black list and the name of such telemarketer shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration of the telemarketer shall be cancelled by TRAI under the provisions of the regulations. (13) The second party has agreed that in case of issue of sixth notice by the Access Provider to the telemarketer for sending unsolicited commercial communication as provided under clause 10(f) of this Agreement, without prejudice to the amount which shall be deducted from the security deposit of the telemarketer under clause 10(f), the telecom resources allotted to the telemarketer shall be disconnected without any further notice. The Access Provider shall intimate the name of such telemarketer to the agency maintaining the National Telemarketer Register for entering the name of the telemarketer in the black list and the name of such telemarketer shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration of the telemarketer shall be cancelled by TRAI under the provisions of the regulations. (14) M/s...........................(name of telemarketer) has agreed that the telecom resources allotted to the telemarketer shall be disconnected without any further notice on receipt of disconnection notice from NTR. (15) The second party has agreed to abide by Regulations, Orders and directions issued by the Telecom Regulatory Authority of India, from time to time, regarding commercial communication including the header to be used for sending promotional SMS.
(1) The second party hereby declare that it has registered as a telemarketer with the Telecom Regulatory Authority of India vide application No.................and the registration number granted by TRAI to it is _________________. (2) The telemarketer shall be responsible for any misuse of telecom resources allotted it for the purposes of telemarketing. (3) The telemarketer shall maintain complete confidentiality of the data downloaded from the National Customer Preference Register for the purposes of telemarketing. (4) The telemarketer has agreed to make all necessary arrangements to download the data from the National Customer Preference Register website and update its Customer Preference data base in accordance with the procedure specified in the Schedule-II to the Telecom Commercial Communication Customer Preference Regulations 2010. (5) The telemarketer has agreed that before sending any SMS or making a telemarketing call to a telecom subscriber, he shall scrub the telephone number of such subscriber with the data base received from the National Customer Preference register in the manner as specified in the Schedule- II of these regulations. In case, the telemarketer fails to follow the scrubbing process, telecom resources allotted to him shall be disconnected by the Access Provider from whom the telemarketer has taken the telecom resource for the purpose of telemarketing and his name shall be entered into the black list maintained by the agency maintaining the National Telemarketer Register for a period of two years. (6) The telemarketer shall use alpha-numeric identifier for sending commercial communication in the format having nine alpha numeric characters, first alpha numeric character being code of Access provider and the second alpha numeric character being code of service area, as provided under the direction dated 10th December, 2008 issued by TRAI. The third alpha numeric character will be dash(-) and the fourth being any single digit (1-7) with each digit indicating a specific category of SMS as per schedule-I of the regulations and last five characters being five digit unique identification code provided by respective Access Provider to the telemarketer e.g XY-5ZZZZZ, where X stands for code allotted to Access provider, Y stands for service area, 5 indicates that this SMS belongs to consumer goods and automobiles category and ZZZZZ indicates five digit unique identification code allotted to telemarketer by the Access Provider. (7) The telemarketer also agrees that the telemarketing calls to the subscriber whose telephone number does not appear in the National Customer Preference Register shall be sent only between 0900 Hrs to 2100 Hrs. The telemarketer also undertake not to send any commercial communication between 2100 Hrs to 900 hrs to any subscriber irrespective of the fact that such subscriber is registered on NCPR or not.
(8) The second party has agreed not to sent commercial communications to any subscriber whose telephone number appears on the National Customer Preference Register, except for sending SMS in respect of categories of preference opted by the customer. (9) The second party has agreed to deposit with the Originating Access Provider an amount of rupees Fifty Thousand only (Rs.50,000/-) as refundable security deposit. Telemarketer also undertakes to deposit additional security deposit as specified in this agreement. The Originating Access provider shall be entitled to deduct from such security deposit, on issue of each notice for sending unsolicited commercial communication by the telemarketer, an amount as provided under this agreement. (10) The second party makes any unsolicited commercial communication, through the telecom resources allotted to it by the first party, to any subscriber whose telephone number appears in the National Customer Preference Register, the second party agrees that – (a) on the issue of first notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees twenty five thousand only (Rs. 25000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (b) on the issue of second notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees seventy five thousand only (Rs. 75000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (c) on the issue of third notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees eighty thousand only (Rs. 80000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (d) on the issue of fourth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees one lakh twenty thousand only (Rs. 120,000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (e) on the issue of fifth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees one lakh fifty thousand only (Rs. 150,000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (f) on the issue of sixth notice by the Originating Access Provider to the telemarketer for sending such unsolicited commercial communication, a sum of rupees two lakh fifty thousand only (Rs. 250,000/-) shall be deducted from the security deposit of the telemarketer and deposited in the account as may be specified by TRAI, from time to time; (11) The second party has agreed that on issue of first notice by the Access Provider to the telemarketer for sending unsolicited commercial communication to the subscriber whose telephone number appears in the National Customer Preference Register, the telemarketer shall deposit additional security amount of rupees two lakh only (Rs. 2,00,000/-) and on issue of third notice by the Access Provider to the telemarketer for sending similar unsolicited commercial communication, the telemarketer shall deposit an additional security of amount of rupees four lakh only (Rs. 4,00,000/-). (12) The second party has agreed that in case the telemarketer fails to deposit the additional security deposit or no amount is available in the security deposit of the telemarketer due to deductions made under clauses (10) of this Agreement, the telecom resources allotted to the telemarketer for the purposes of telemarketing shall be disconnected and the name of telemarketer shall be intimated by the Access Provider to the agency maintaining the National Telemarketer Register for entering the name of such telemarketer in the black list and the name of such telemarketer shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration of the telemarketer shall be cancelled by TRAI under the provisions of the regulations. (13) The second party has agreed that in case of issue of sixth notice by the Access Provider to the telemarketer for sending unsolicited commercial communication as provided under clause 10(f) of this Agreement, without prejudice to the amount which shall be deducted from the security deposit of the telemarketer under clause 10(f), the telecom resources allotted to the telemarketer shall be disconnected without any further notice. The Access Provider shall intimate the name of such telemarketer to the agency maintaining the National Telemarketer Register for entering the name of the telemarketer in the black list and the name of such telemarketer shall not be removed from the black list before the completion of the period of two years from the date of entering his name in such black list and the registration of the telemarketer shall be cancelled by TRAI under the provisions of the regulations. (14) M/s...........................(name of telemarketer) has agreed that the telecom resources allotted to the telemarketer shall be disconnected without any further notice on receipt of disconnection notice from NTR. (15) The second party has agreed to abide by Regulations, Orders and directions issued by the Telecom Regulatory Authority of India, from time to time, regarding commercial communication including the header to be used for sending promotional SMS.
Signature of subscriber/ Authorized Signatory
(Name of subscriber/ Authorised Signatory)
Address
Seal, if any.
Date:
Signature of Access Provider Representative/ Authorized Signatory
(Name of Access Provider Representative / Authorised Signatory)
Address
Seal, if any.
Date:
TRAI Registration & DoT Compliance
DoT OSP License Consultant in Mumbai / Bangalore
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